Question:

My wife requested that I move out to give some space, and several weeks later, I can see that she has no intention of working things out.

I want to achieve split custody, so should I move back into the home?

Answer:

Leaving the marital residence does give the opposing party an advantage in custody because she is now the primary physical custodian by way of circumstance, though not by court order.

When you get to court, they are often looking at the status quo and giving that consideration in making a determination — that’s where the advantage comes into play.

You can move back into the marital residence so long as no court order precludes you from doing so, but you must be cautioned about any potential confrontation which may result.

Oftentimes, if a husband moves back in, they open themselves up to a potential protection from abuse or protective order scenario where, whether true or not, their wife claims she is in fear for her safety.

Now, you become subject to protective proceedings and a restraining order hearing in court.

The moral of the story is, if you go home, proceed with caution and avoid all confrontation.

Whether you decide to move back into the marital residence or not, be sure to make regular requests to have custodial time with your son and keep records of the requests (send by text message or email).

Keep a log as to how much custodial time you have, what you do with your children and any unreasonable refused requests for custodial time.

Remember, I am unable to provide you with anything more than divorce tips for men, 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 Pennsylvania divorce lawyer Maura Boogay, contact Cordell & Cordell.