green bg
A person's hand holding a pen, signing a

How Will Leaving my Home During a Divorce Affect Child Custody Terms?

Child custody is very often the most contested issue in a divorce. Nobody wants to think about losing the full parenting rights of their child, however, in a divorce, they may come into question. Additionally, if you are finding your spouse to be increasingly challenging to live with, or even impossible to live with, you may wish to move out, and understandably so.

However, when determining child custody, consistency is often taken into account when deciding what is best for a child. Moving out of your marital home may negatively impact the strength of your custody claim if handled incorrectly. The parent who remained in the family home may argue that the children would be more comfortable staying there without needing to move. This is why you must read on and hire an experienced attorney who can advise you of the best way to move forward. Here are some of the questions you may have:

What should I do if I am considering moving out?

It is recommended to establish an agreed-upon parenting plan before moving out through filing for what is known as a “temporary child custody agreement“, or reaching some kind of mutual temporary custody agreement with your spouse. This agreement should be in writing and should detail a regular schedule that can be adhered to before a final child custody agreement is in place. By establishing a written schedule and sticking to it, the parent who has moved from the marital home also has the opportunity to demonstrate that the children can be well cared for by both parties.

If you have children and you do move, stay as close to the other spouse’s residence as possible. This will also be considered when determining both child custody and parenting time/visitation.

What else should a divorcing spouse do before they move out?

Before you move out, you should also do the following, if at all possible:

  • Take photographs and make lists of your valuables. This prevents your spouse from either hiding or stealing your belongings
  • Make copies and gather important financial documents. All financial information, such as deeds, mortgages, tax returns, business documents, are all proof of a major asset or expense
  • Invest in a PO Box. This will ensure you receive your personal mail without unwanted eyes looking
  • Open new financial accounts

Contact our experienced New Jersey firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.