Legal Question in Family Law in Michigan

Re: divorce, child custody

As long as you leaving the marital home is not equivalent to "abandonment," it should not affect your ability to obtain the amount of custody you want. In most situations, one parent vacates the home either prior to or during divorce proceedings (and sometimes not until after!), as long as you are maintaining a relationship with your children. There are several factors that a court/judge looks at, and each situation is different. If/when you move, you will need to show that your new living situation is conducive to either full-time custody or whatever it is that you are seeking, and that you can otherwise provide appropriately for your children, if they were to live with you full-time.

It sounds like you have your children's best interests at heart, and want to do what is best for the children, which is really what the courts look at. Keep in mind that you may be required to pay temporary child support if you move out, and the children are with their father the majority of the time. When you file the divorce papers, you can ask for "temporary" orders - which are entered right away - regarding child support, custody and visitation. These orders are implemented immediately, while the parents are assessing their situation and determining what is best in the long run (or while the parties are disputing certain issues, and the court is performing its investigation).

You should strongly consider retaining a family law lawyer, even if you anticipate "no problems" in your separation/divorce. Trust me, there is always one issue, and you want you and your children to be fully protected and to ensure that you get the amount of support you are entitled to.

Thank you.