QUESTION
Will I have more trouble getting custody of my children if I move out of my house during my divorce?
Asked on Jun 11th, 2015 on Child Custody - Rhode Island
More details to this question:
I am getting a divorce from my husband, mostly because all my husband and I do is fight. He refuses to leave the house, and we can no longer live together, so I want to move out. However we both want custody of our kids. If I move out and he stays with the kids, will I decrease my chances of getting custody?
5 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In my opinion, yes.
Answered on Jun 17th, 2015 at 2:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your question is impossible to answer without additional facts, I would suggest that you confer with an attorney and my first impression is that you should be filing for divorce and seeking potentially in order to have him removed from the house if it is impossible for both of you to reside there.
Answered on Jun 17th, 2015 at 2:06 PM
Yes. You need to file for dissolution of the marriage, then file a Request for Order for move out order for him. If you leave, the court may decide that you abandoned your children.
Answered on Jun 17th, 2015 at 2:06 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Custody is not the issue - the amount of residential time is. Instead of moving out, file the divorce and immediately thereafter a motion for temporary orders that orders him out of the house, letting you and the kids stay. Propose a reasonable parenting plan that allows time for each parent with the kids and a temporary order of child support. Ideally get a lawyer to do this for you.
Answered on Jun 17th, 2015 at 2:06 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your moving out should make no difference in determinations of custody and physical placement, since the test is 'best interest of the child(ren).' That said, it would be best for you to commence the divorce (if divorce is your intention) so you can get into court on a temporary order as soon as possible and have some court-ordered temporary arrangements for these matters. Locate an experienced family law attorney: it's almost always worth the investment.
Answered on Jun 17th, 2015 at 2:06 PM