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Child custody and moving out of the house

Debating child custody with a soon-to-be ex-spouse is never easy, and Florida parents will generally have a lot of legal questions about the issue. One of those frequently asked questions relates to moving out of the house. Indeed, when tensions are high, one parent may decide to move out of the house for the sake of having his or her own space, but what does this do to that parent's chance of winning custody of his or her children?

Unfortunately, it probably will affect the parent's chances of gaining custody of his or her children. The parent who leaves the family home -- even in cases where the parent had every good reason to leave -- could have less of a chance of getting custody in cases that are decided by a Florida court. This is because judges will generally view the act of leaving as that parent having less of a commitment to the children.

In generally, family law judges are also usually more likely to award custody to whichever parent is still residing with the children in the family home. This is because courts seek to honor the best interest of the children above all else in deciding family law matters. Allowing children to stay in their current place of residence lets them maintain their status quo with as little disruption as possible.

On the other side of the equation, parents who take their children away from the family home when they move out could also suffer ill consequences. Therefore, those who bring their children with them when they move out need to address the matter with the court immediately to prevent the appearance that they were trying to take their children unlawfully. As in all matters that involve child custody, Florida residents may want to consult with a divorce attorney before taking any action that could affect their parental rights.

Source: FindLaw, "Getting Custody FAQ," accessed Sep. 23, 2016

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