I have two children ages 7 and 12 and am seeking joint custody with a shared schedule (split school week and alternating weekends). If he fights me on this will it lessen my position if I move without a legal "temporary" order in place. He's not moving and it is difficult to say the least to share the same living quarters.
2006-07-15 16:32:15 · 8 answers · asked by Gadfly 1 in Family & Relationships ➔ Marriage & Divorce
I would contact a lawyer ASAP. He/she could answer these questions for you. I would not move out and risk losing the kids until I had legal advice. Each state has its own laws about this type of situation.
2006-07-15 16:52:18 · answer #1 · answered by physandchemteach 7 · 0⤊ 0⤋
Take the kids with you when you leave. Then you can sue for child support and custody. If you were seeking full custody you could also get a court order for him to leave the "marital" home so you could move back in because the courts always go with "The child belongs in the marital home". But since you seek joint custody it is a different situation.
Good luck.
2006-07-22 20:09:02 · answer #2 · answered by Dellajoy 6 · 0⤊ 0⤋
Do not leave the children. If you move out take them with you. Starting the process first is probably best and you can serve him with a 7-day notice to quit (or whatever it is called) and force him to move out. But you have to file.
2006-07-15 23:37:01 · answer #3 · answered by ? 3 · 0⤊ 0⤋
I'm not sure if it matters legally where you live or not...where I live it doesn't matter...I moved out a couple months before my divorce even started
2006-07-15 23:37:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
get that temporary order in place. stay with friends or something in the mean time. call it a vacation or maybe just a cooling off period off.
2006-07-15 23:45:56 · answer #5 · answered by mememememe 2 · 0⤊ 0⤋
yes move out first
2006-07-17 02:51:55 · answer #6 · answered by tarzan's lady again 3 · 0⤊ 0⤋
yes move take the children and everything else....!!!!!!!
2006-07-16 00:09:46 · answer #7 · answered by brat71825 5 · 0⤊ 0⤋
sssssssuurrrreee
2006-07-15 23:48:32 · answer #8 · answered by ♫♪♥PUSSaY FART♫♪♥ 3 · 0⤊ 0⤋