How Will Moving Out Affect Custody?

moving outQuestion:

Things are not working out with my wife and we are looking into getting divorced. She wants me to move out of our apartment, but I’m not sure how that will affect custody with the kids. What should I do?


I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information regarding your situation.

I never advise living in a home or apartment away from the children until there is a court order entered regarding custody. In most states, the judges do not like to disrupt the status quo of the children’s normal schedule; so you want to remain a part of their everyday routine and lives.

If you can come up with an agreement with your wife for a 50/50 shared arrangement with your children, then you must decide if this is a good plan moving forward. But if you believe it is best for them to live with you as their primary custodian, then you do not want to start a routine where they are living in a separate home than you.

Custody and visitation are state-specific issues and different jurisdictions within states tend to have differing attitudes about different custody arraignments. I would strongly suggest that you consult with a local attorney licensed to practice in your state before you make any major changes to your living arraignments.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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