To get temporary custody, should my 3 kids and I move out before filing for divorce?

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To get temporary custody, should my 3 kids and I move out before filing for divorce?

I have been unemployed for a year and a mom of 3. I am looking to get a divorce from my husband after 8 years but am trying to figure out what the best way is to do this. Should I stay in the house with the kids and file or should I move out first? I am just a little concerned about how it will affect my custody rights with the kids. I have been the one to take care of the kids, even when I was working, while my husband made the majority of the income for the house.

Asked on August 27, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the uncertainties that you have written about concerning maritial dissolution and child custody issues, you should consult with a competent family law attorney to discuss face to face in general issues concerning a marital dissolution and the best ways to tackle them in your current matter so that there is as little as possible conflict for you and your children. Such issues deal with whether a move out is in order before a marital dissolution filing or have a filing while you are in the family home.


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