The Status Quo in a Divorce is the New Black

So you are thinking of separating. Possibly things are so bad in between you and your soon to be ex that you simply can’t take it any longer and are leaving. Prior to you make that option you need to completely comprehend that if you leave the house and the kids behind, you are establishing a brand-new status quo which might not be to your benefit in case you apply for divorce. If the parents are separated, a judge will look at exactly what the parties have been doing while apart and ask if it is working. The status quo sets a precedent and judges prefer to maintain a status quo that is working, it does not matter necessarily that you do not like it. There are two major issues which individuals must think about prior to they separate and vacate the family house.

How the Status Quo Impacts Possession of the Home in a Divorce

If you vacate the marital house upon separation, it might later on weaken your chances of being awarded ownership of the marital house at a later time throughout the divorce. Let’s state your spouse is driving you nuts and chooses not to leave the home, so you decide to go find your very own house and leave thinking you will simply later combat to obtain back in the home after you apply for divorce. This is not an excellent tactical plan due to the fact that the judge might simply look at the scenario and say, “well why would I award you belongings of the marital house when you have currently left and established a separate home?” When a brand-new status quo has been established, judges are often reluctant to change things.

How the Status Quo Impacts Custody and Visitation Rights

The term “status quo” describes the existing plan between the parents and children regarding child visitation and custody. The status quo typically impacts court choices associated with these issues. The following is a summary:

• Whatever the existing status quo is between the moms and dads of the child might stay the status quo throughout a child custody case. This suggests that if the parents have actually agreed upon a visitation schedule for a significant time period and it appears to be working well, the judge might use this schedule as the basis for ongoing custody plans.
• In some scenarios, nevertheless, the court will not abide by the status quo. This holds true when one parent is dissatisfied by the current visitation arrangement and can show an excellent reason it ought to be changed.
• If you are the parent who is happy with the status quo and the other parent is requesting a modification, you will have to advocate to the court as to why the present arrangement ought to not be altered.
• If you are the mom or dad who is dissatisfied with the status quo visitation plan, you must show the court why this arrangement is not in the kid’s finest interest.
• Courts are more likely to change the status quo arrangement in cases where it has actually been a momentary modification from how visitation used to be managed between the mom and dad, or in cases where the arrangement was forced upon the kids over the objection of either the mom or the dad.

What Does “Presumption in Favor of the Status Quo” Mean in a Child Custody Hearing?

Throughout kid custody hearings, judges normally issue their judgments with an “anticipation in favor of the status quo”. The judge will base the child custody order according to the status quo, which is the arrangement that existed before the procedures.

All kid custody determinations must be made in according to the very best interests of the child. In a lot of cases, it is typically in the very best interests of the kid not to interrupt existing custody arrangements unless it is definitely necessary.

Therefore, judges often choose to protect the status quo in any kid custody hearing. The reason is that the kid may have already gotten utilized to the existing adult arrangement.

When Can the Status Quo Be Altered or Altered?

Naturally, the reason that kid custody hearings are submitted is typically due to the fact that the present custody arrangement might not appropriate for the child. A judge might pick to alter, alter, or ignore the status quo when:

• The kid or kids would take advantage of a new custody determination
• Either mom or dad has actually dedicated abuse, violence, harassment, or other offenses against the child
• Supporting the status quo would not be practical for the kid (for example, if just one parent wants to actually move or has recently been moved) for work
• A modification in custody is needed by law (for instance, if a brand-new statute has been issued by the state which affects custody rights)
• For that reason, a judge will consider the entire scenario surrounding the child when figuring out custody. This might result in the parents having to alter an existing, casual custodial plan so that the child’s needs are better served

About the Author

David Pedrazas has been recognized as Salt Lake City’s best divorce attorney by many associations year after year. Since 1998, he has settled over 1,000 cases and won multiple awards for his excellent trial record.