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I think she will agree to a 50/50 and I will get that in writing.  She says she does not want to start legal matters yet and I am still unsure about starting it right now myself, but I am leaning that way.

Hello I am new to this forum and I have custodity queation that I know must have been ask and answered several time but I could find it in a search.  First of all neither I or my wife have filed any legal papers yet, I just want to get my ducks in a row before starting the process.  I have two small children (under 12 YO) and have been married for 17 years.  My wife was caught having an affair and that is the main reason for me wanting a divorce.  I want her to leave our house without the kids but she of course refuses to do that.  I can no longer stand living in the same house with her but I don't want to hurt any chances of me having custody of my kids (actually hoping for 50/50).  The question is if I do move out do I hurt myself in a custody battle by doing so.  I have already told my wife the I want the  kids 50/50 if I do move out, even before we file.  I live in California.

Thanks