Legal Question in Family Law in California
My wife and I are slowly heading toward a divorce and our home environment is becoming so acidic that I am considering moving out. I still feel that we may be able to work things out so I am hesitant to file for a divorce at this point and time. its becoming very unhealthy mentally and physically for us to continue to live together So Im considering moving out until things improve. We have a 2.5 year old son that we both love very much and I am starting to see the effects of all this in some of my sons behavior. If I move out before filing for a divorce, could this be considered abandonment and affect the outcome of who the judge gives custody to. I am not sure where I stand in this situation legally.
Please help!!!
3 Answers from Attorneys
You are free to move out prior to filing for a divorce. There are many couples who separate prior to filing a divorce. You will still be entitled to see your child since each of you has an equal right to custody. You may wish to contact a family law attorney to discuss your rights in regads to custody and visitation.
One of the most tragic elements of staying together when the spouses should be creating separate living environments is the toxic impact on the children. You children learn from your behavior and conduct in both healthy or unhealthy relationships. You have an opportunity to build a successful lifetime parenting relationship for your young son. My family law practice covers the S.F. Bay Area. My offices are situated in San Ramon CA. I would be happy to meet with you in a free consultation to discuss your legal options.
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