QUESTION
if i file for a no fault divorce and move out can my spouse keep my kids from me and use adultry or abondonment against me?
Asked on Jan 19th, 2015 on Divorce - New Hampshire
More details to this question:
I have filed for a divorce 3 times in the last 5 years. Last year I filed and continued to live with my spouse for our twin 3 year old daughters because my spouse threatened fighting for full custody, claiming abandonment, filing a restraining order basically doing anything possible to make it difficult and so I couldn't see the kids if I move and go through with the divorce. My lawyer took to long responding and my case was thrown out. From that day on I have tried to get my spouse to agree to a mutual divorce but have not been successful. I have the kids at least 75% of the time, I have kept record of when I have had them and when she has since October. We don't take care of them together. Now I have a place to move into but now my spouse is threatening fighting for full custody, trying to get me on abandonment and adultery if I file and move. I am afraid my kids will be kept from me if I move and would like to know what I can do.
1 ANSWER
Generally, it is in your best interest to remain in the house until the court holds a temporary hearing and issues orders as to child custody, finances, who will occupy the house, etc. Because your wife previsiously threatened to a domestic violence petition, that may change the circumstance as a DVP order can negatively impact th case. Did she make the threat in writing? When did she make the threat? If you move out before the temporary, your wife is likely going to restrict your access to the children. The other potential negative implications to moving out of the house. Many thank.
Answered on Jan 20th, 2015 at 6:56 AM