A parties actions towards the children can have an impact on custody. It would not have an impact on custody if one spouse moved out but continued to help support the children and continued to see them. However, if your spouse moved out and ceased contact with the children and did not support them financially, then that will have an impact on custody.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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We have children and my husband left without an agreement in place and now we are in the divorce process. At the time I was not informed of all the information regarding separation etc. I have read that abandonment could have an effect on custody. What effects could it have and is it too late to enforce them in our current custody arrangement?