Leaving Marital Home


#1

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.


#2

Yes, you may move out with your son.


#3

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.


#4

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.


#5

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.