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Parents: Beware of Moving Out of the Family Home


For some of our clients, child custody is a non-issue. Our client gets along reasonably well with their soon-to-be-ex-spouse, and the couple agrees on what child custody arrangement would be in the children’s best interests. These divorcing couples are fortunate indeed.

Other clients aren’t as lucky. They anticipate a child custody battle because their spouse thinks he or she should have primary physical custody of the children, or our client plans to fight for custody because their spouse is abusive, has a substance abuse problem, is mentally ill, or because they are neglectful and careless parents who are in the habit of endangering their children, but they don’t see it that way.

Thinking of Moving Out?

Thinking about moving out of the family home? If so, perhaps living with your spouse is like World War III. Or, perhaps he or she cheated and you can’t bear to be under the same roof. Or, perhaps you have someplace to go and you think that moving would bring you both much-needed peace. But should you do it?

If you are planning on fighting for custody of your children, moving out of your house and leaving your children with your spouse could be a bad idea, especially if you do it before getting a temporary child custody order from the court. Usually, it’s the fathers who move out of the house, leaving their children behind with their wives, but this applies to mothers too. Sometimes it’s the mom who moves out, leaving her children with her husband.

“Why should I be cautious about moving out?” Because, if child custody is going to be an issue, it sends a strong message to the judge that you trust your spouse, that he or she is more than qualified to care for your children. You see, judges don’t like changing the status quo; they prefer to maintain stability and keep children’s lives as consistent as possible.

If you have any intention of fighting for custody, you should: 1) stay in the family home as you fight for custody and remain as active in your children’s lives as possible, or if that’s not realistic, 2) do not move out until you get a temporary custody order in place where you also state your future intentions to the judge on the case.

Next: Social Media & Divorce: How to Conduct Yourself Properly

We understand, it can be very hard to live with your spouse once you decide the marriage is officially over, but our advice is to stay at home until after you have obtained legal advice from one of our Fresno child custody attorneys. Call now to get started.

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