If I move out into my own apartment, what are my rights regarding my children?

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If I move out into my own apartment, what are my rights regarding my children?

My wife and I are not getting along. I am thinking about getting an apartment nearby, so I can still have access to my kids on a regular basis. Would the law work against me, if I moved out, before I started any type of legal separation or divorce proceedings?

Asked on May 16, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Many divorc attorneys will advise you to stay in the house for strategic purposes.  But for the purpose of your children it should not be held against you so long as you do indeed stay active in their lives.  You may want to discuss things with an attorney before you go and see if your wife will agree to a regular visitation schedule.  Good luck.


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