Question:

Would it be beneficial toward me getting equal custody if I get my own place in my daughter’s school district before the divorce?

Answer:

I always advise my clients not to move out of the family home. Remaining in the home can benefit you when it comes to child custody in future divorce proceedings.

Additionally, if you want to move back into the home at any point in the future after the divorce proceedings have ended, moving out now can make it much more difficult to do so.

Once one parent moves out of the home, the custody “tug-of-war” often begins. It can be very beneficial to be the parent who remains in the home that the children are used to and comfortable in, as courts like to maintain the status quo for children.

If the laws in your state are anything like Maryland, the most important factor in determining custody is the number of overnights each parent has with the children.

Regardless of where you are living, you will want to make sure you have as many overnights with the children as possible.

Day visits are wonderful and do allow you extra time with the kids, but unless you have a certain number of overnights with the kids every week, you may not be practicing shared custody if that is what you want in the future.

I advise that you consult with an attorney experienced in family law in order to learn exactly how custody is determined in your jurisdiction.

Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Maryland divorce lawyer Maureen Beery, contact Cordell & Cordell.