Can I Move Out Of The Home With My Child Before Divorce?


My wife and I are getting a divorce while still living in the marital home, and I am concerned about my wife’s boyfriend and the impact he will have on our young child.

Do I have the right to leave the marital home with our child while we are separated? Since I worry about my child’s safety do I have to let my wife have extended periods of parenting time alone and/or with her boyfriend?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.

Most divorce lawyers would encourage you to file a motion for child custody before moving out of the marital home. As the old saying goes, “possession is nine-tenths the law.” Normally, while the parents are married, both parties have equal rights to move the child as they see fit.

However, moving your child without your spouse’s permission could have adverse affects on later proceedings, or could prompt your wife to file a complaint with the police for parental kidnapping.

You indicated that you no longer feel it is safe for your daughter to be around her mother but do not elaborate any further. Unless your wife has physically harmed or neglected your child or it can be shown that it is not in the best interests of the child, a judge will allow your wife to have parenting time with your child.

With regard to the boyfriend, since your child is so young you could ask the court to prohibit the boyfriend from being in the home while your wife exercises parenting time or request that he not be allowed to be alone in the house with your child.

However, you would need to set forth a reason to justify a request prohibiting the boyfriend from being around the child.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.

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6 comments on “Can I Move Out Of The Home With My Child Before Divorce?

    My wife and I have been at odds since the birth of our 1yo a little over a year.

    as i work varied hours i often leave for work early and this has disrupted the sleep of my wife so she demanded i move to the basement….which i reluctantly have done for a year.

    she was very upset when i renegged on getting a vasectomy after the birth of the 1 year old. my new beliefs in the bible prohibit this act.

    we have 3 other children as well ages 4, 6, and 9.

    my new beliefs have me honoring sabbat, not sundays and celebrating the feast days in leviticus 23 and not participating in christmas, easter, halloween…etc….non-biblical pagan days.

    this is completely unacceptable to my wife who has stated this is a ‘deal breaker’.

    i give my kids all the love i can and do give gifts….on birthdays and just for no reason at all…..but i will not on December 25 nor participate in halloween.

    in also follow dietary law of the bible and this is not respected by my wife.

    she has been pushing for me to leave the home however we are single income so it would be difficult financially nor have i given up on the marriage.

    to the best of my knowledge she has not committed adultery nor have I.

    however recently she has stated that she is done and that she is moving out to a home justndown the street.

    she has threatened me that she is going to see a lawyer but i have yet to receive any notices from a lawyer nor police or court.

    i have never laid a physical finger on her or my children in violence.

    she does not have my consent to leave the marital home yet she is planning this move Dec 1st of this year as the ‘holiday season’ is very important to her.

    she is a good mother….but perhaps over-protects the children…..but nothing resulting in serious mental harm

    I have long daily commutes and long work hours so it would NOT be in the childrens best interest for my custody if them….but it is reguvinating for me to read night time books with them, brush their teeth…hang out even for only 20 minutes each night! it would break my heartbto have this taken away from me during the week!

    i am not really a different person since following biblical law and accepting Christ….i pray that my wife will awaken to this truth….but so far this has not occurred and the situation in getting much worse with her alleged move from the marital home without my consent.

    I am at a crossroads

    Im currently in a in happy marriage. My husband is choicing his parents over me iv been with him for 22yrs .And iv put up with a lot of nasty comment from his parents. And I have presently stop all contact with his parent. To cut a long story sort. My husband thinks I’m lyeing about things that have been said about me. Even when that have slaged me of to my own child. I refuse to be with a men that puts his nasty mother and father over me. I have told my husband I want him to leave. I’m very frightened to throw him out cost he said he will leave his job so he can’t pay matinance. we also have a business together. Were do I go the get advise xx

    Totally understand for some reason the courts like to ignore parental rights of a parent. My husband has a kid who flew back to see his grandma and decided to fabricate lies so he could stay back there. We had a pile of papers to show what a consistent liar he is and surprisingly the judge ordered him Bach here but guess what, the kid is still there with grandma, why you ask one reason she has money, lots of it. My husband has all his rights and placement and now even a current court order yet evidently that does not mean squat especially if you have money. What is the point of having parental rights or court orders if NOTHING is going to be enforced. It is no surprise then that I can not get protection for my kids against a harassing neighbor, no why not wait until something happens then the supposed professionals will and love to play the stupid card to try to protect their butt!!!

    My Son
    My x-wife passed away on 4/18/2010 and her parents took my son from my home on 5/18/2011 and I haven’t seen him since and I can’t get the law to do anything about this, Now my son told the GAL that he didn’t want to see me and that is so bad. I think the GAL is leading my son on what to say! I wish I could get a lawyer to help with this, but no money due to an illness and it hurt to know that the law does not protect my right’s?

    dont move out
    stay put, if you move out that shows you are abandoning the home and child even if you take the child with you, she will likely get “all of it” if you move out….if you have not done so, close all joint accounts so she cannot pay for the divorce with any of your money.

    I divorced my wife, kicked her out and closed all accounts prior so she could not have access, had the bank draft money orders with the money split to show that I did not steal and when I presented this to the judge I won the kids and house.

    I know its not always easy, but leaving is not the option, if anything have her leave.


    don’t move out
    When we decided to get divorced, my ex told me that I need to get out of the house. I should have stayed. She ended up with custody even though the judge determined that she did not have the children’s best interest at heart.

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