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If I move out can I still get custody?

Chances are if you are worried about custody and thinking about moving out; the marriage is not going so well. And although it is pretty typical for one parent to leave the marital home during a divorce, it might not be such a good idea. If the home situation is hostile, you may think that separating from it is in the best interest of you and your children's mental and emotional well-being. However, leaving the home prior to divorce may come back to hurt you when it's time to discuss custody.

Moving out of your marital home during divorce may save you from an extremely unpleasant situation, but it may also send the wrong message to the family court. If your spouse was suitable enough of a parent to have physical custody of your children during divorce, what grounds will you argue against it later? Likewise, if your children have been living in the same home they grew up in, relatively unaffected by your changes, a family court may not feel a change after the divorce is in their best interest.

If you are compelled to leave your marital home during divorce and wish to request custody of your children, you may want to have them move with you. You can also get the help of an attorney to petition for temporary custody orders for that time as well. Sometimes, temporary orders play a role in how custody will be decided after the divorce is final.

As always, keeping things as stable and positive as you can for your children is one of the most important things to do during a divorce. The family court typically awards custody based on the best interest of the children. Showing constant consideration and dedication to your children's well-being may help them make a decision that's in your favor.

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Goddard & Malmquist

Goddard & Malmquist
1250 South Grove Avenue
Suite 101
Barrington, IL 60010

Phone: 847-382-3995
Fax: 847-382-4038
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