If I leave the house, might be charged with abandonment and lose parental rights and custody of my kids?

I have live with the mother of my 3 kids for the last 9 year. We are not married. The situation at home has become caustic and abusive for the children that I believe that the best thing to do is to separate. She does not believe so. Is there any legal way that I can leave the house with shared custody for the kids.

Asked on September 8, 2012 under Family Law, New Jersey

Answers:

BARRY BESSER / LAW OFFICES OF BARRY I. BESSER

Answered 8 years ago | Contributor

You are always free to leave the house, especially if you feel that the home has become caustic and abusive.  It would not be considered abandonment.  However, unless you can agree on a visitation schedule, it is advisable that a case is filed so that the court can order a visitation schedule based on the best interests of the children.


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