If I move out, are my chances of custody decreased? 4 Answers as of November 15, 2010

If I move out before my divorce will that hurt my chances of getting custody and I am the father?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It can have an effect on your rights. You need to make appointment to discuss in detail.
Answer Applies to: California
Replied: 11/15/2010
Goldberg Jones
Goldberg Jones | Zephyr Hill
Often times that is the effect. If you move out, you need to make sure you and the other parent are in agreement on how to share time with the kids. You need to ensure that you are creating a routine that is good for the kids and good for you to establish the parenting plan/visitation schedule you want. Consult with an attorney before you make this very big decision. You can call me and I will be happy to discuss the details of your case with you.
Answer Applies to: California
Replied: 11/15/2010
Law Office of Teresa Beyers
Law Office of Teresa Beyers | Teresa Ann Beyers
It may be affected by moving out. Call me to discuss
Answer Applies to: California
Replied: 11/14/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Generically speaking, the determination of custody (and visitation) is made based on the childs "best interests." There are many factors that go into such consideration.

One factor is who has been the child's primary caregiver. The child's "best interests" include maintaining the status quo with that primary caregiver, assuming such status quo is not objectively problematic.

Another factor is the child's age and stage of development. For instance, a young child, such as an infant or toddler, should have "frequent and continuing contact" with both parents, unless one parent's conduct (for instance, a drug or alcohol problem) is detrimental to the child. Additionally, when a child is very young, it is typically best to have less overnights at both parent's households, but then as the child gets older, increase overnights at the non-custodial parents house.

The above are just some of the basic considerations, which have to be weighed with other considerations that may or may not exist in your case. There are many facts to consider before someone can give you a complete answer as to what a judge may order in terms of custody and visitation (assuming the parents can't reach a custody and visitation agreement between themselves, which is preferable to a judge's order).

I strongly suggest that you set up a meeting with a local family law attorney so he/she can better advise you based the particular facts in your case.
Answer Applies to: California
Replied: 11/12/2010
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