Homestead & Custody
Effect of Custody
Where the deceased was living with his recent wife and their child, and a child of the deceased’s previous marriage, the homestead exemption went to the second wife and all of the deceased’s children, jointly, although custody of his children from the previous marriage had been awarded to his second wife. Walker v. Walker
Initial Custody Order
This section is used when the court is required to make an initial custody decision. In re Gibbons
Where there was not a full hearing by the trial court at the time of the original placement of the child but custody was achieved by the stipulation of the parties upon their divorce, the trial court may use initial discretion in deciding what custody provisions provide for the children’s best interests. De Franco v. De Franco
Integration of the Child
The trial court did not err in considering a child’s integration into his father’s home without his mother’s consent, where the child’s integration would not have occurred except for the mother’s actions, and the integration was not considered separately but as a part of the home environment. Thompson v. Thompson
