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?
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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”