We are often asked “Should I move out if I want to share parenting time?” and “what impact will moving out of the family home have upon child custody during a divorce?” Living under the same roof during the course of a divorce is very stressful and at times it may not seem possible. However, you should absolutely consider staying in the home if:
- You wish to share in parenting time
- You wish to seek primary custody of the child(ren)
- You foresee a custody battle
If you have children and are considering a divorce or are in search of a cost-effective divorce strategy we invite you to contact Burke & Domercq or call 760-721-3741 to schedule an appointment. There are simply too many complex issues in a divorce case and each case is unique with its own circumstances, financial issues and lifestyle rhythms.
Our attorneys provide sound counsel at every step of the process. We help you to clarify your specific goals and objectives and develop strategies to accomplish them. This includes issues from whether or not you should move out to questions regarding money, income and existing financial accounts.
The answer to the specific question of “Should I move out if I want to share parenting time?” is absolutely and firmly “NO.” At least not until you have received sound legal counsel and temporary child custody and parenting time orders have been issued in your case.
The next question is something “why can’t I move out?” or “how will moving out affect child custody and parenting time?”
Parenting time and child custody is all about your own credibility. Judges are quite interested in getting to the bottom of each parent’s character. Are you a good parent? Are you going to be strong as a single parent? Are you going to be able to effectively co-parent your child(ren) with your former spouse? The judge will balance every impression they have of you from the start of your divorce until it is completed with the evidence they have in front of them. This is especially true in child custody decisions.
What impression do you think it makes upon a judge regarding your concern about being a strong presence in your child’s life? From a different perspective you’re actually strengthening your former spouse’s hand. Moving out of the family home tacitly tells the judge you yourself believe your former spouse is a good parent and is worthy of entrusting the day-to-day management of your children.
Don’t move out until you have spoken with our experienced attorneys to learn more about the effective strategies necessary to accomplish your goals.