Orders Allowing Residence Occupancy for Primary Child Custodian

BEST INTERESTS OF CHILDREN IN DIVORCE – ORDERS ALLOWING OCCUPANCY OF RESIDENCE

The best interests of children are the court’s primary concern in divorce cases.  The court usually plays an active role in ensuring that the needs of children are met in dissolution of marriage and separate support actions.  The judge may even question children relative to any important issue in such a case.

Generally, this means that the court will consider a child’s health, safety, education, and welfare in fashioning custody and visitation orders, as well as certain orders that may have significant financial impacts.

In Downing v. Downing, 12 Mass.App.Ct. 968 (1981), the trial court actually awarded the occupancy of a family residence to the mother subject to the division of proceeds upon the sale of the home once the minor child reached the age of majority.

Of course, other financial considerations may be given when minor children are involved in divorce case.  For example, alimony may be affected since the statute requires that the court consider “the present and future needs of the dependent children of the marriage” in assigning property and awarding alimony.  Further, child support may be ordered payable by one parent to another.

Our firm serves Boston as well as all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses.  We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.