If you have kids and have decided to get a divorce, you should not move out of your home until a court determines residence and establishes a temporary custody plan for your children.
Moving Out Establishes That You Don’t Want To Live In Your Home
To start with, moving out will make it look like you don’t want to live in your house and it can weaken your argument to be allowed to stay in your house and for your spouse to move out. When you move out, you establish your residence and take the courts out of the equation.
Moving Out Looks Bad To The Courts
Unless there is a domestic violence situation taking place, moving out of your home without your children looks bad to the courts. It shows the courts and the judge assigned to your case that you valued getting your own place and getting away from your spouse more than you valued the welfare of your children. It shows the courts that you value your space, and you are okay with being away from your children. …show more content…
If you move out and leave your spouse with full or primary custody of your children and with the primary responsibility of taking care of them on a daily basis, you risk the court deciding that the best interest of your children would be to keep the arrangements as it is. Courts generally try to subject children to as little change as possible; if it looks like not seeing your children on a regular basis is the status quo, don’t be shocked if that is what the court enforces.
Wait For The Court To Make A
Moving Out Establishes That You Don’t Want To Live In Your Home
To start with, moving out will make it look like you don’t want to live in your house and it can weaken your argument to be allowed to stay in your house and for your spouse to move out. When you move out, you establish your residence and take the courts out of the equation.
Moving Out Looks Bad To The Courts
Unless there is a domestic violence situation taking place, moving out of your home without your children looks bad to the courts. It shows the courts and the judge assigned to your case that you valued getting your own place and getting away from your spouse more than you valued the welfare of your children. It shows the courts that you value your space, and you are okay with being away from your children. …show more content…
If you move out and leave your spouse with full or primary custody of your children and with the primary responsibility of taking care of them on a daily basis, you risk the court deciding that the best interest of your children would be to keep the arrangements as it is. Courts generally try to subject children to as little change as possible; if it looks like not seeing your children on a regular basis is the status quo, don’t be shocked if that is what the court enforces.
Wait For The Court To Make A