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How does my move out of the family home affect my custody case?

On Behalf of | Jun 28, 2019 | Child Custody |

Marriages, just like most types of relationships, are all about compromise. It’s not uncommon for some spouses to simply pick up and leave the family home to distance themselves from the conflict. They often leave their kids behind with their other parent in the process. It’s only when they attempt to broker a custody agreement with them that they realize that it wasn’t a wise idea to leave the family home abruptly.

If you’ve moved out of the family home, then you may be wondering what impact that this may have, if any, on your ability to seek custody of your kids. The truth is that it may hurt your case. A judge may see your actions as sending a message that you don’t take your responsibility as a parent very seriously. They may decide award custody to the other parent who stuck around as a result.

A judge may also be more likely to award custody to the parent who remained with the children at the family home for continuity purposes. When a mom or dad suddenly leaves the home, it can be quite traumatic for kids. A judge may determine that travel between households is too jarring for them and thus leave custody in the hands of the parent who stayed behind at the home.

If you pick up and leave and take your children with you, then a judge may interpret your actions to be that you’re trying to protect them from something. If they sense that a child was in danger in the other parent’s presence, then they may award you custody.

In these instances, it’s important that you don’t make it look like you’re trying to unlawfully remove your children from the home. If you do, then this could affect your custody of them. You should always request an emergency with the court soon after you leave the home unexpectedly with your kids.

Florida child custody matters are often complex. Children are our most precious resource. This is why it’s important that they’re not subjected to any more stress or trauma than they have to be. A child custody attorney in Fort Myers can help you develop a parenting plan and schedule and aid you in seeking a modification of it if necessary.


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