I am cohabitating with my ex and its not working. We have a 10 year old son together. I have recently found somewhere to

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Customer: I am cohabitating with my ex and its not working. We have a 10 year old son together. I have recently found somewhere to move to. Do I need something in place about custody before I leave?
JA: How much advance notice has been given?
Customer: What do you mean? I want to tell him I'm moving out I haven't had the official talk yet
JA: The Family Lawyer will be able to walk you through that. Has there been any mediation on this issue?
Customer: No. He is very difficult to deal with
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The atmosphere in the house is toxic. My son may bit want to come with me because he feels sorry for his dad
Answered by David in 1 min 1 year ago
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David
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David, Expert



  • Hello.  My name is ***** ***** I want to share my 52 years of experience as an attorney and 8 years as an insurance adjuster with you by helping you with your current problem. I want you to know that I understand how frustrating and/or concerning your situation might be, so I am here to help and hope we can work through this so you know in what direction you may want to proceed and to alleviate the stress.

    Just so you are aware, JA is just a legal information site. We do not provide representation and no attorney-client relationship is formed.



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David, Expert

Hello and thank you for the opportunity to be of assistance.
There are a few considerations with which you should be concerned.
Since you are concerned that your ex is not going to cooperate regarding custody, the only alternative is to ask a Judge to enter an Order particularly describing custody and visitation rules.
Your son is an age where he can make his own recommendation regarding custody although the Judge may want to question him before making a decision.
Don't forget that the guiding force for the Judge is, what is in the best interests of the child.
You should be sure that your living conditions are such that they will accommodate your child such as having his own room, the school system available, relatives for social purposes, etc.
To accomplish this you must file a Motion for Child Custody with the Court.
You may need a local attorney to help you with this project.
Do you have further questions of me. David

Customer
We own a house together and have a son. What steps do I take to get out?
Customer
Do I have to stay in the house while going through this process
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David, Expert

No.  As a matter of fact you must obtain suitable housing to be able to show the Judge what home life is going to be for your son if he is to live with you.

Customer
I am moving in with a girl friend that lives alone in a 4 bedroom house.
If my son doesn't want to come with me will that affect the outcome for custody?
I feel I can file papers once I'm gone to deal with the house?
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David, Expert

Your son's opinion will be given weight by the judge, But the most important determining factor is what is going to be in the best interests of the child.

Customer
Do I need to put a lien against the house. It's in both our names
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David, Expert

No lien is going to be necessary.

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David, Expert

Hi.  Do you have additional questions for me.

Customer
Hi
Customer
In regards ***** ***** house, will I lose any interest in it when I leave without a separation agreement in place?
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David, Expert

No you will not but remember you must pay all the expense such as mortgage, insurance and taxes since it is your property.

You can charge him rent.

Be sure he keeps the property well maintained since it is valuable to you.

Customer
Its a shared property. He pays the mortgage.He won't maintain it, a big deal for me is he has been smoking in the house. With our son home
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David, Expert

What do you mean by a "shared" property.

Customer
We both bought this house. His parents lent us the down payment
Customer
Both our names are ***** ***** title
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David, Expert

He then can do nothing with it without your signature. Both names must be on any document whether it would be for a loan, refinancing or a sale of the property.

You should be concerned about the maintenance because that will reduce your interest as well.

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David, Expert

It is something more with which I can help. Please advise   David

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David, Expert

Since I have not heard from you I will assume that, at least for the time being, you are satisfied that we have discussed the matter fully and there is nothing more to be done.  As you know, you can always get back in touch with me whenever a legal issue arises.  I look forward to hearing from you whenever you need my help.  If the information provided isn't what you were looking for, please respond and we can continue to troubleshoot until we find the right answer.

It has been my pleasure to help you. Keep me updated on your case. If you still have more questions about this issue, I would be happy to continue to assist you. If you need more clarification or if something doesn’t make sense, please let me know and I will try to clarify it for you. If you wish to contact me in the future, you can ask for “DaveLegaleze” when asking a question. Thank you for using our site and for trusting me to answer your question.

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