An Experienced Attorney Offering
Assertive, Results-Driven Representation

Should a parent move out of their marital home before a divorce?

On Behalf of | Feb 6, 2024 | Family Law |

When you’re a parent who is approaching a divorce, your number one focus is most likely going to be on your children. You want to minimize disruptions to their lives – and you don’t want them stuck in a home where the atmosphere between the adults has gotten decidedly hostile.

That usually leads at least one parent to think that they should probably move out so that they can ease the tensions around the kids. However, that might not be the best idea, however – at least until you have a temporary parenting plan in place.

Your actions could be interpreted in a very negative light

Once a parent has left the home and voluntarily relinquished their place as a primary caregiver, the court may interpret this as a lack of commitment to the well-being of the children. Even if that is not your intention, you do not want to risk the chance that your spouse will portray that as abandonment. That could negatively influence the court when it comes time to decide how custody will be shared.

You may establish a new normal – and the court may keep it

Family courts are required to always make custody decisions in the best interests of the children – and what many judges consider to be in their best interests is a sense of stability. The court may simply decide that the current situation (which may look like you getting to see your children only on weekends) is working. If the children seem to be thriving, the court may not want to change it. You could end up with far less parenting time than you’d like.

What should you do instead? Learning more about the divorce and custody process by seeking legal guidance can help you make informed decisions that move you closer to your goals – not away from them.