Reply to Husband’s Announcement

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]My husband has been asking me for the past year to move to a new state.  We have 2 elementary school aged children, we have an established life where we are socially, and we both have great jobs. I like where we are and the life we have here. He wants to move to a more conservative area where we don’t know anyone and neither of us have a job.  I have zero interest in moving.  He announced during dinner last night that he is planning on going by himself to get set up and the kids and I can follow him soon after. This is the first time it has hit me that this might just be the end of our marriage.  I know I need to find a lawyer, but what sort of legal advice should I be considering to[b] keep my house and full custody of my kids?[/b] Wouldn’t his leaving be abandonment?  What sorts of things should I be documenting?[/quote]

How do you figure this will be happening?[/quote]

Former family law attorney here: Under uniform child custody laws which govern in nearly all US jurisdictions, the relocating parent rarely gets custody over objection of the parent staying in the child’s home jurisdiction. The child’s home jurisdiction is presumed to be the place the child has resided for the previous six months or longer. The family court always looks to the context in which the child is currently being raised for the purposes of evaluating best interests and where the most extensive supports exist for the child to rely on during the difficult adjustment process post-divorce, which is a trauma for children. Finally, many times one parent is able to keep the family home by combining their income with their child support in order to maintain payments so it isn’t out of the realm of possibility but it certainly matters how much they are overextended in the area of housing costs as percentage of household budget.

OP, please do consult with a family lawyer ASAP to get concrete answers to your many questions from someone practicing in your jurisdiction who can help you understand your options and likely outcomes of a custody battle with your spouse.[/quote]

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