Family Law Blog

Does Who Takes The Kids During Divorce Affect Custody?

Saturday, November 10, 2018

When a couple decides that their marriage is over, they may still live together due to a financial need. However, more common is that one party will move out of the family home. If, for example, a spouse decides to move out and take the children with them, does this affect later child custody?

In some respects, it can. If the other spouse has been doing well on their own raising the children, this can reflect well on them. However, the person that holds custody during a divorce doesn't always mean they will be granted sole custody. First and foremost, courts are most amicable to joint custody agreements unless there are threats to a child's safety. It is widely believed that a relationship with both parents is in the best interests of the child.

However, if you are seeking sole custody and your spouse has taken the children with them when they moved out, you can still have a case for it. When considering sole custody or primary custody of the children, the courts will want to place children in a home that has the most stable environment for them to thrive. However, this does not just mean financially, but emotionally as well. Will you be there when they get home from school? Do you have time to spend with them? Will they be happy and well-cared for? These are all questions a judge will consider when awarding custody.

If your spouse will need to work long hours to support the children while you have a stable job that allows you to be with the children more, your case for primary custody may be a strong one. If you are getting a divorce and seek primary custody of your children, contact us today. We can help look over your impending divorce and child custody case to advise you on the best possible route.