Some married couples have amicable divorces. They approach their divorce realistically, and with an agreement about dividing their property and debts. They also come up with a practical child custody schedule that will serve their children’s best interests. Other couples are not as fortunate, especially if their feud is over child custody.
If you are a parent who is headed toward divorce and you hope to get primary physical custody, meaning you hope to have the children live with you most of the time, or if you will be seeking a joint custody arrangement, and you’re already butting heads with your spouse on the issue, we want to discuss your current living situation, and your plans about moving out, if any.
Do You Plan to Move Out?
It is typical with divorcing couples for one spouse, often the husband, to pack their bags and move out of the marital residence. If he or she can afford their own apartment, then great, but often they’ll move in with friends or family while they figure out their new budget and their next steps.
If living with your spouse is extremely stressful because you argue constantly, or because one of you had an affair, you may be eager to move out and get some peace and calm. But if you have children together, you must think about how such a move might impact child custody in the long run.
If you’re planning on the children living with your spouse primarily or most of the time, your moving out may not be an issue. On the other hand, if you anticipate a child custody battle, moving may not be in your best interests.
“I do anticipate a child custody battle, what should I be concerned about?” If you plan to fight for custody, your moving out of the family home and leaving your children with your spouse sends a strong message to the courts that he or she is perfectly fit to care for them – this could be contradicting your argument stating otherwise.
Family court judges don’t like to uproot children; they don’t like instability. If you move out, the judge could argue that your children are doing well, so he or she doesn’t want to do anything to change the status quo.
What Solutions Are Available?
For starters, do not move out of the house without speaking to our Altamonte Springs divorce attorney about the situation. If you absolutely cannot live under the same roof as your spouse, solutions may include informing the family court of your intentions to seek custody and getting temporary child custody orders in place.
For professional, legal assistance with all of your divorce and child custody needs, contact the Law Office of Russel S. Hershkowitz, LLC.