Can I lose rights to my children if I am forced to leave my home? 25 Answers as of July 12, 2013

I've been told if I leave our home, then I would lose all rights to our children.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
In Washington State, the court will establish custody based on the children's best interests.
Answer Applies to: Washington
Replied: 6/9/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Assume Oregon law applies: It all depends on the circumstances of why you need to move. Your question is fine, but too complex and in need of more information to really answer with any certainty.
Answer Applies to: Oregon
Replied: 6/8/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
More than that would have to occur. You would have to demonstrate intent to deprive them of love and support. Stay well.
Answer Applies to: Alabama
Replied: 6/8/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
That is not true. You leaving the home has nothing to do with your rights to your children. However, you may want to discuss your potential rights and options with an experienced family law attorney, as there may be other matters that can be impacted, and also to discuss your continuing financial responsibility in regards to your children, as well as potentially your continuing financial responsibility regarding the marital home an/or your spouse. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.
Answer Applies to: Florida
Replied: 6/7/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should consult with an experienced Family Law Attorney before you leave your home. If you want to leave because of mistreatment by your spouse, it may be appropriate for you to file a divorce case, requesting custody of your children, and possibly to request Domestic Violence Restraining Orders if the facts justify such relief. If you move out and leave your children with your spouse for any appreciable period of time, that could create problems because the Court may be reluctant to change the "status quo", so your better move would be to get advice and guidance without delay from an experienced Family Law Attorney regarding the specifics of your situation.
Answer Applies to: California
Replied: 6/7/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No, you will not automatically lose your custodial rights to your children. With custody and visitation, it's always a simple rule: Whatever is in the best interests of the children is what the court will usually want to do for them and for both of you. I strongly suggest you hire or at least consult with a qualified matrimonial attorney before making up your mind. Good luck.
    Answer Applies to: New York
    Replied: 6/7/2011
    Law Office of Karen A. Clark, L.L.C.
    Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
    You did not explain who is forcing you to leave your home, and whether you are the custodial parent. In general, custodial rights are not contingent on a parent residing in a particular location. A parent may continue to retain custodial rights even if s/he is living in some type of transitional housing.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The court will probably give primary caretaking responsibilities to the parent who has performed most parenting functions. If you are not home, it is hard to perform parenting functions. Even if that happens, you can still have visits and joint decision making unless there is a lot of negative behaviors in your case I'm not aware of.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    In Ohio you will not lose your rights to your children merely because you have left your home. Depending on the reasons for why you left this may not even have any bearing. If there is an issue regarding custody and/or visitation, however, a court will want to be sure that you have a safe and appropriate home for your children to stay. If you do not have proper housing you may still exercise visitation rights in most circumstances, even if it would be less likely for you to obtain custody. If Children's Services is involved and you need proper housing as part of your case plan to have your children returned it is possible that a court may grant permanent custody to the Agency if sufficient time has passed and you still do not have appropriate housing as long as other circumstances have also been met.
    Answer Applies to: Ohio
    Replied: 6/7/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Generally leaving the home and child rights are not related in the way you are suggesting. You should talk with a Florida family law attorney about your circumstances and how to preserve the rights that you desire to keep.
    Answer Applies to: Florida
    Replied: 6/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, you cannot be forced to leave you home without a court order. Second, you should resist doing so unless there is an order since relocation from the3 family home can remove you from the location courts often consider a place of stability for children, particularly those involved in a divorce. Second, you do not lose rights to your children. You may, however, impair arguments related to primary custody.
    Answer Applies to: Minnesota
    Replied: 6/6/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    I wouldn't think so but you could definitely lose leverage in whatever court case will be initiated. Additionally, if a protection order is entered, you could lose contact. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about this situation.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    That is not generally the case.
    Answer Applies to: Connecticut
    Replied: 7/12/2013
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, moving out of your home does not terminate your rights to be a parent to your children. However, if you move out and leave your children with your spouse, that may create some precedent in favor of that as their primary residence.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    While the children usually stay in the home, there are exceptions to every rule. And by itself, you would not "(L)ose all rights to children" Courts today work very hard to encourage both parents to have access to the children. In Michigan and Ohio, a shared parenting plan is the norm rather than an exception. Please contact a local domestic relations attorney for further information and analysis of your specific issues.
    Answer Applies to: Ohio
    Replied: 6/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that you retain an experienced family law attorney to advise you as to this and other issues in your case. Every situation is different, but this is certainly a matter which you should raise and discuss with your own attorney. Good luck!
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No one is forced to leave a home. You should not leave, unless your life or well-being is threatened unless your lawyer recommends it.
    Answer Applies to: Georgia
    Replied: 7/12/2013
    Naomi Hirayasu Attorney at Law
    Naomi Hirayasu Attorney at Law | Naomi Hirayasu
    Possibly, depending on circumstances, possibly not. Call me.
    Answer Applies to: Hawaii
    Replied: 6/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    That is not true. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/6/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    How would you be forced to leave the home? Generally the courts are going to try to determine what they believe the best interests of the children are. This usually does not depend on whether one parent or the other left the home prior to the divorce being finalized.
    Answer Applies to: Florida
    Replied: 6/6/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Being forced to leave your home (to avoid hostility, etc,) generally will not, by itself, cause you to lose parental rights. However, you should seek a custody order through the court as soon as possible upon leaving to avoid claims of "abandonment" by the other parent.
    Answer Applies to: Massachusetts
    Replied: 6/6/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    I would need to know more details. A very simplified answer is leaving your home does not in and of itself cause you to lose your children per se. But if you leave the home and leave the children in the care of the other parent that can be significant in a custody determination between the parents.
    Answer Applies to: Georgia
    Replied: 6/6/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Not true; unless there is something significant you are not saying.
    Answer Applies to: Colorado
    Replied: 6/6/2011
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