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Old 04-10-2013, 05:36 PM
  # 12 (permalink)  
Archangelesk
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Join Date: Apr 2013
Location: Western PA
Posts: 151
Originally Posted by stella27 View Post
law school graduate here. This is not legal advice, BUT if you are the only one working and your boys live there, I can't imagine how you wouldn't be awarded the house and the car? BEST INTEREST of the child is the law in my state and if you are the breadwinner and the mom, I would be surprised if he were afforded any rights...
I imagine that he could propound the theory that he is the primary caretaker. Unfortunately, my area of practice is not family law, so I don't have a sense of how the case law falls. However, I do know that we have a set of statutorily enumerated factors for the best interest of the child analysis. Alcohol use is a specific factor and the judge has to evaluate each factor in a written opinion (this is state-specific and not intended as legal advice).

So, I am hopeful. I have only had one consultation with a lawyer, but she was not as worried as I thought she might be.
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