If I move out, will it affect getting custody of my daughters? 6 Answers as of September 16, 2011

I would camp out in the living room at the friend's house and let the children have the room. Problem solved.

You may move our and file a request for custody. It would be much better for you to find your own place so that the girls can have a room to themselves. They do not need to have their own separate room, they can share with each other. There are many courts that would still grant 50/50 custody when the parent is sharing a home with a friend, however some judges want to see that the children have their own space, therefore it would be best for you to have your own place than to have your daughters share with your friend's son. If there are abuse issues, then you should file a request for primary custody based on those issues.

You are wise to move out to avoid a confrontation or an abusive situation. You can still obtain 50/50 custody order. There are many factors to consider therefore I suggest contacting an attorney in your area.

Separation can be difficult and expensive. While it should not affect your chances of getting 50/50 joint custody of your daughters for you to move, it could possibly affect those chances if you don't quickly seek their joint custody in a divorce case. Also, if finances don't allow you to rent a place to accommodate you and your daughters, you need to do the best you can, and if that is living in your friend's home for the time being and having them sleep in the little boy's bedroom, that might be what you have to do. At their ages, that should not be considered inappropriate by the Court, but there is a bit of risk.

The volatile situation you described justifies separate households. The best choice would be for you to get your own place in close geographical proximity to where you currently live with a proper bedroom arrangement for your daughters. At the same time, you should file a divorce action and a motion for shared custody and visitation.

Many women leave abusive situations and are forced to live in less than ideal circumstances until they can get things straightened out. I don't see why it would be any different for you. I would recommend speaking with an attorney to determine your best course of action. With men, often what happens is that they end up in jail, even when a woman starts it, because she ended up getting the short end of the stick when the man tried to protect himself. You are perhaps wise to leave before she has a chance to bait you into this type of confrontation. You could end up losing visitation with your daughters if this happened. If you feel your daughters are in danger, you may be able to leave with them, but I would not do so without discussing your case in detail with an attorney first.