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
NCDivorce.com
919-787-6668
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.
Thank you for your response.
Another question: After moving out, what rights would I have? Would I lose any because I am the one to leave? Also, about obtaining a separation agreement, I don’t think my wife will be willing to discuss that after I tell her I want to leave. If that should be the case, what should I do?
Dear AssistanceNeeded:
Greetings. If you leave the home you are committing abandonment. She gets the additional rights/leverage of remaining in the home, possibly keeping her expenses the same and increasing your alimony, as well as keeping the same home for the children.
Just because she is upset does not mean that she will not negotiate. Even if she is hard headed, it does not mean that she will not see why it is lucrative to negotiate an agreement. Thank you.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
If you gain the consent of your spouse before you leave, is it still considered abandonment? I thought 3 conditions had to present and proved: 1) spouse brings cohabitation to an end without justification, 2) without the consent of the other spouse, AND 3) without the intent of renewing cohabitation.
I have a question about the relation between a parent leaving and their chance of gaining primary child custody. If I were to leave my wife rather than her leave me, would I be entitled to less child custody automatically because I left? I don’t want to be away from my son at all but I cannot stand to live under the same roof with my wife now. It is best that we separate. Please feel free to email me (tetelestailuke322@yahoo.com) as well as respond. Thank you for your time!