Often, when a married couple decides to divorce, it can be extremely difficult
for the spouses to live under the same roof. It’s not uncommon for
such couples to argue constantly, and for there to be a lot of strain
when the spouses are together in the same room. Sometimes, living together
is so unbearable, the couple feels it would be best if one of the spouses
If the couple does not have any children, having one of the spouses move
out may be the ideal solution. However, when the couple has minor children
together, the parent who is considering moving out while the
divorce proceeds through the courts needs to think twice before packing their bags.
If you are contemplating a divorce and considering moving out of the family
home while leaving your children behind with your spouse, there are some
factors that you should consider before arriving at a decision you may
Do You Anticipate a Child Custody Battle?
Our question is, do you plan on fighting for
custody of the children? If you plan to fight for sole physical custody, or if
you want the children to live with you most of the time, moving out may
not be a good idea at this point in time.
Suppose you packed your bags and moved out tomorrow, leaving your children
at home with your soon-to-be-ex. If you did that, you would be sending
a powerful message to the courts that your spouse is perfectly capable
of caring for your children.
The family courts try not to disrupt children’s lives if they don’t
have to; they favor maintaining the status quo. In an attempt to promote
stability in your children’s lives, the courts may prefer to keep
your children with your ex than to allow them to move in with you.
If you truly feel that moving out is best for your family because it will
end the constant arguing and bring peace back to the home, it’s
best to go to court before you move out and get a temporary custody order,
one that encourages frequent and continuing contact with your children
and leaves the door open for the children possibly moving in with you.
If you intend to pursue sole physical custody, or if you want your children
to spend most of their time at your home after the divorce, you don’t
want to move out until you ask the court to put temporary custody orders
in place, which help, not hinder your future custody plans.
Looking for a Denver family attorney? Contact Jones Law Firm, PCfor a free consultation!