Dodd & Dodd Attorneys, PLLC

Dodd & Dodd Attorneys, PLLC Louisville Kentucky

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Does Moving Out of the Family Home Harm a Child Custody Position in a Louisville Divorce

Does Moving Out of the Family Home Harm a Child Custody Position

Does moving out of the family home harm a child custody position in a Louisville divorce?  One of the subjects we discuss with any client who wishes to co-parent children during a divorce consultation is the issue of moving out of the home.  The key word here is “abandonment.”  The allegation which can be asserted in the child custody and visitation case with these facts is that the parent who moved out “abandoned” the children.  What should you consider in these types of circumstances?

Is moving out in and of itself abandonment of your child(ren)?  Does moving out of the family home harm a child custody argument in these cases?  Moving out of the home does not in and of itself constitute abandonment.  In most cases, abandonment involves a complete separation, termination of contact and an unwillingness to engage.  There are several justifiable reasons for leaving the family home.  One of the most obvious is a situation involving abuse or domestic violence.

However, one must give serious consideration to the question “how does moving out of the family home harm a child custody position in a Louisville divorce case?”  The primary issue a Judge will weigh in all matters involving children is “the best interest of the child(ren).”  In a best case scenario the Court is considering a wide variety of factors, one of which is the existing rhythms of each child’s life.

The real question will most likely center on the involvement of the parent who has moved out in the child(ren)’s life prior to and after moving out.  How much does each parent participate in caring for the child(ren), preparing them for school, transportation, meals, schooling, supporting extra-curricular activities and other important aspects of a child’s daily routine.  Obviously moving out of the family home impacts one’s ability to actively participate in these aspects of parenting if the children remain in the home.

Therefore, it is important to carefully strategize your goals and objectives regarding child custody and visitation as part of the divorce process.  If one feels it is important to leave the family home, and in the absence of issues of abuse, addictions, domestic violence or other harm, one must consider the ability to maintain consistent communications with and involvement in each child’s life.  It may be important to defer the decision to move until after a settlement has been reached regarding custody and visitation.  This is another reason why it is so important to seek the proven advice and counsel of the experienced divorce and family law attorneys at Dodd & Dodd.

Does moving out of the family home harm a child custody position in a Louisville divorce?  The short answer is: “it could.” Each situation is unique and it is wise to seek legal advice prior to moving out of the family home during a divorce. We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.