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§5.03 Factors Considered in Ordering Deferred Sale
You're primarily determining whether a deferred sale is
necessary to minimize the adverse impact of dissolution or legal separation on
the child. [FC §3802(a).] Factors to consider in exercising your discretion
include all of the following [FC §3802(b)]:
- The length of time the child has resided in the home;
- The child's placement or grade in school;
- The accessibility and convenience of the home to the
child's school and other services or facilities used by and available to
the child, including child care;
- Whether the home has been adapted or modified to
accommodate any physical disabilities of a child or a resident parent in a
manner that a change in residence may adversely affect the ability of the
resident parent to meet the needs of the child;
- The emotional detriment to the child associated with a
change in residence;
- The extent to which the location of the home permits the
resident parent to continue employment;
- The financial ability of each parent to obtain suitable
housing;
- The tax consequences to the parents;
- The economic detriment to the nonresident parent of a
deferred sale of home order; and
- Any other factors you deem just and equitable.
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