If my wife and I are having problems and she asked me to move out temporarily so we can sort things out, am I at risk?
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If my wife and I are having problems and she asked me to move out temporarily so we can sort things out, am I at risk?
My wife has asked me to move out temporarily so we can sort things out. Am I at risk of losing my house and kids because I agreed to move out?
Asked on April 1, 2012 under Family Law, California
Answers:
Patricia F. Bushman / Bushman & DuBose, LLC
Answered 12 years ago | Contributor
Moving out of the house won't effect your ownership rights, but could effect the division of property in a divorce. Leaving the children with her will make a custody attempt by you almost impossible. If you don't want primary custody, then it shouldn't make a difference. Be sure that you provide funds for the support of the kids when you are not living there. You should talk to a good family law attorney in your area before making any move.
Christopher Vaughn-Martel / VAUGHN-MARTEL LAW
Answered 12 years ago | Contributor
A question like this does not lend itself to a simple yes or no answer. The true answer is yes, changing your living situation before a court has had an opportunity to look at the situation and issue temporary orders could have an impact on how custody, visitation, and support issues play out.
My strong advice would be for you to meet with a family law/divorce attorney before you do anything.
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