Leaving Marital Home


Am I allowed to take my 8year old son and leave? Spouse refuses to leave the marital home. Would this affect custody at all? I want to do whatever is best to maintain I get at least joint custody of my son.


Yes, you may move out with your son.


Will taking my son and moving out affect custody or equitable distribution at all? He refuses to leave. Is there anyway I can make him leave? I would much rather my son stay where he has lived his entire life.


There is no way to evict a spouse if he refuses to leave. I would be prepared to show the court why leaving with your son was in your son’s best interest, in case your spouse sues you for child custody.


While there is no way to ‘evict’ your spouse, you could file a complaint for divorce from bed and board. Additionally if there is any issue of domestic violence you could seek to obtain a domestic violence order of protection. We provide plenty of information about how to obtain a DVPO on ourDomestic Violence Center. As relief the judge can award you custody and possession of the marital residence.