Should I Move Out Before I file Divorce

Why Moving Out of the Family Residence May Compromise Your Oklahoma Child Custody Case

When beginning a contested divorce or child custody dispute, you might feel a compelling desire to vacate the family home.  Married couples and unmarried parents do not generally end their relationship because they are communicating effectively and enjoying each other’s company.  Although walking on egg shells is unpleasant, there are important reasons that you might want to carefully consider any plan to move out of the family home prior to the resolution of child custody issues.  A common scenario involves one parent moving out and leaving the children in the family home with the other parent.  Although this might seem to be the best way to diffuse animosity and make the situation easier on your children, there are disadvantages to this approach, which makes it essential to seek legal advice.

Possible Impacts of Moving Out on Child Custody

When you move out of the family home, you will essentially be at the mercy of the other parent in terms of your access to your children.  Even if your spouse has indicated that you can spend time with your kids whenever you wish, this promise may be disregarded if you do not have formal child custody orders.  Some parents go weeks or even months without seeing their children if the parent who remains in the family home decides to be uncooperative.

How Long Does It Take To Get a Child Custody Order

While an experienced Oklahoma child custody attorney can file for a motion to obtain formal orders granting you custodial time with your kids, typically there will be a delay before you actually get into the courtroom and obtain formal child custody orders.  If you drag your feet about obtaining legal representation, this can seriously harm your position in a custody dispute.  The other parent will be effectively acting like the “de facto” caretaker for your kids.  Judges often tend to minimize radical change from the status quo so failing to take action can provide a significant advantage to the other parent in a custody dispute.

Other Custody Issues When You Move Out.

Another significant issue when a parent moves out of the family home during a custody case involves the impact of parental alienation.  While Oklahoma family law judges view disparaging comments made by one parent about the other in the presence of kids negatively, this type of conduct does occur.  If the other parent is intent on engaging in a pattern of alienation that makes your children feel uncomfortable or fearful about spending time with you, a judge may be hesitant about awarding substantial custody to the parent who moved out if significant alienation has occurred.  While the practice of engaging in a pattern of parental alienation is viewed negatively by judges in child custody cases, the judge must act cautiously when the kids are in fact experiencing discomfort in the presence of a parent who has left the family home.

The decision to move out of the family residence also can weaken your position in a custody dispute because the other parent has a better chance of being awarded the family residence.  Kids face an enormous amount of change during a marital dissolution, so judges often struggle to find ways to preserve stability.  Once you vacate the family residence, a judge is unlikely to force the other parent to move out and let you move back in.  There are benefits to the kids being allowed to remain in their family home that include uninterrupted access to their school, neighborhood activities and friends.  While far from being the only factor that a family law judge will consider, the continuity associated with not being forced to move certainly can play an important role in an Oklahoma child custody case.

Hire a Tulsa Oklahoma Divorce Attorney,

If you are involved in a divorce or paternity action and want to move out of the family residence, our Oklahoma family attorneys invite you to contact us so that we can provide advice and guidance regarding your custody case.  Our Oklahoma child custody attorneys offer a free initial consultation so that we can answer your questions, evaluate your needs and explain your options.  We invite you to contact us at the Kania Law Office at (918) 743-2233 or fill out this form today!

Should I Move Out Before I file Divorce

http://www.kanialaw.com/family-lawyers-tulsa-oklahoma/should-i-move-out-before-i-file-divorce.htm