Dear Assistance Needed:
Greetings. No, moving out of the marital residence does not mean that one parent “legally” gains more grounds for primary child custody. But let’s be realistic, if you leave your home and leave your spouse with the primary care of your child, then they have a good position going into court to maintain the status quo of the child.
So, why not negotitate the separation agreement (which will contain the child custody provisions) while you are still in the home. An attorney can help you see what your negotiating position should be. Good luck with it all!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.