If you are going through a divorce, your home life is probably not as smooth as you would hope. Many people consider moving out of the family home while their divorces are pending, and the impetus behind this decision is understandable. Even the most amicable divorces are stressful and prone to wreaking havoc in the home. Moving out of your family home, however, may have legal implications that you have not even considered. Before making a rash move, consult with an experienced Central Texas family law attorney.
Child Custody Arrangements
Your number one priority is always your children, and when it comes to divorce, they obviously remain your top priority. This is why child custody arrangements are typically the most significant sticking point in any divorce that involves children. If it is your intention to become your children’s custodial parent – to provide them with their primary residence – after the divorce, moving out of your family home without them during the divorce process can work against your goals.
Your Children’s Best Interests
You want what is best for your children, and the court wants what is best for your children. The difference is that the court cannot possibly understand or know your children as well as you do, and the court’s interpretation of what is best for your children may not coincide with your own.
The Effects of Moving Out
The court generally rules in favor of limiting change in children’s lives and promoting as much stability post-divorce as possible. If you have already left the family home, the court may be hesitant to change your children's living arrangements, and your move will likely affect your chances of becoming the custodial parent. In fact, by leaving your children with their other parent, you send a clear message that he or she is perfectly capable of taking care of your children in the role of the custodial parent. Moving out of your family home is probably not your best option.
Protect Your Rights
If life at home is simply too chaotic, and you are concerned about the effects it is having on your children, a knowledgeable Central Texas family law attorney can help you explore those options that will be less likely to jeopardize your chances of obtaining the child custody arrangements that are best for you and your children.