Moving out before legal seperation

[Aaron]

Hi-

First time posting on the site.

I am moving out of the house this Saturday (3/3/07) and need to know if there is anything I need to do to ensure that my parental rights are maintained.  I have heard from some friends that it could be viewed as abandoning my children.  I will still be seeing them 5 days a week at our house, but am a bit nervous that she will try to use this against me if, and when, we file for divorce.

I am not sure where our relationship will be in the future, but I know that we simply cannot live together right now.

If anyone can help me that would be great.

[mistoffolees]

Don't move out. Period.

In my case, I got a letter signed by my stbx, her attorney, and my attorney saying that I was moving out but that we agreed to 50:50 parenting and would have equal time with my daughter.

A few months later, my stbx sued for sole custody. Granted, there's a fairly small chance that she'll get it in my state, but it's going to cost me a lot more money and aggravation.

Don't move out until the COURT affirms joint legal and shared physical custody (if that's what you're looking for).

[Aaron]

Was one of the reasons she is going for full custody because you moved out?  Do you feel she would have gone for full custody anyway?

[Sherry1]

move out and leave the kids with you.  If would be extremely unwise to leave at this point.

[mistoffolees]

I can't speculate what she would have done. But even though we had an agreement, it almost ended up being a very costly mistake.

Don't do it. If you can't agree, go for an expedited ruling from the court.

[FLMom]

I'll add my agreement to what everyone else has said.

DO NOT move out.

Custody has nothing to do with how often you "see" the children---it has to do with overnights. Once you move, you've made yourself the "non-custodial" parent, and the parent left in the home the "custodial parent".

Once you've done that, you've shot yourself in the foot. You can "agree" to everything under the sun, but you may just end up with being an every other weekend father.

Trust us--no matter how tense it is, stay put until an order is in place.