When your marriage is ending, you may not want to stay one minute longer under the same roof as your spouse – especially if the split is particularly hostile or bitter.
Unfortunately, you need to take a deep breath and dig in. You may not want to leave the family home until you have a temporary custody and visitation order in place regarding your children.
1. You don’t want to set the wrong precedent
Where children are involved, family courts tend to prioritize stability. By leaving the family home without a custody agreement in place, you are essentially allowing your spouse to dictate how often you see your children. If the children seem to adjust to the routine that is established during the interim, the court may decide “that’s what works” and make it the long-term plan.
2. You could be accused of abandoning the family
Abruptly leaving the family home means also abruptly leaving your children behind – and even if they’re in the care of their other parent, it looks like you are more concerned about your own feelings than how your children are affected by the situation. Staying in the family home allows you to demonstrate your commitment to your parental responsibilities while leaving automatically makes your spouse the children’s “primary caregiver.”
3. Your temporary residence could be deemed inadequate
You may think that staying on your brother’s couch is a perfectly acceptable solution for temporary housing until your divorce is settled and your finances are stable, but consider how that may sound to a family court judge. If you don’t have housing that is adequate for your children’s needs in terms of safety, space and stability, that could weigh heavily against you in a custody dispute.
Divorce can be difficult to navigate, even when you think you’re prepared for what must come. Having experienced legal guidance by your side can make it much easier to decide when you should leave the family home and what steps you need to take first to best protect your interests and your relationship with your children. In many cases, that means negotiating a temporary custody plan that allocates parental time fairly before you move out.
At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.
Let Me Be Your Brave
Mia Poppe, Esq.
Managing Partner