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Why Not Leave the Kids with My Spouse?


When a married couple decides to divorce, it can be very difficult to continue living together under the same roof. This is especially the case if the couple argues non-stop or if someone cheated or if there is a deep level of resentment between the spouses.

If your marriage resembles World War III or if you can barely make eye contact with your spouse because the relationship is over, you may be highly considering moving out of the marital residence. If you have a strong urge to pack your bags, that’s not uncommon. However, if you anticipate child custody being an issue, you don’t want to rush out the door, and we’ll explain why.

Will You Seek Custody?

The big question is, do you intend to have your children live with you most of the time? If your ultimate goal is to have the children live with you the majority of the time for any reason, you have to be very careful about if and when you move out.

At issue is the fact that if you do move into an apartment or if you move in with a friend or take residence on your friend’s sofa, you’re sending a powerful message to the judge that your spouse is perfectly equipped to be the children’s primary care provider. If you intend to argue that your spouse is “unfit” or that you’re the better choice, moving out of the house at this point would contradict that.

Judges like to keep the status quo; they like things to remain as stable as possible for children. If you move out and leave them with your spouse, the judge will most likely be inclined to leave things as they are because they are working. Essentially, the judge’s goal is to maintain stability for the children.

If You Really Need to Move

If you truly feel that you have no other choice but to move out, please don’t do it until you meet with an attorney from our firm. We can discuss asking for a temporary child custody order that not only protects your rights, but that considers your future intentions. If you move out before getting a lawyer’s advice, it could weaken your child custody case.

To discuss your divorce and child custody matter, contact Arnold Law Group, APC to schedule a confidential consultation.

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