Want to Move out


#1

I have made the decision that it is best for myself (and my children) if I have my own home. My husband is okay with that because he says he wants me to do what makes me happy. We are just talking about separating right now and may possibly work things out in the future. I would like to rent a place of my own and we are planning on sharing custody of the kids 50/50. I’ve done the CS calculator on line and have a rough idea of what support I should be receiving from him since his income is much higher than mine. He does seem amenable to paying me CS. We don’t really fight a whole lot and I don’t see that it is going to turn into an ugly situation, but I don’t want it to come back at me later. If I move out (only about 1.5 miles) away and I have my kids at least 50% of the time, can it come back later that I abandoned anyone? They will have rooms at both homes and will have some of their belongings at both places. I really don’t want to get attorneys involved right now if it is not absolutely necessary, but also don’t want to cause any problems for myself in the future if we don’t work things out. Any advice would be greatly appreciated.


#2

I always suggest that the parties enter into a written separation agreement prior to living separate and apart. Child support and child custody should be outlined in the agreement as well. To be valid all separation agreements must be signed by both parties before a notary public.

Abandonment is of little concern if you move, however once you begin residing elsewhere your husband may change the locks to the residence, which could end up having an effect on your access to the children in the event things do not continue on an amicable path.