Divorce, kids and moving out of the house

[jba9]

I have two children, married for 10 years. Wife stays home with kids. If I choose to leave the house for an apartment...do I lose all rights to my house and kids? I would continue to pay all expenses for wife and kids. I am worried that I will be accused to abandonment.

Thanks.

jba

 

[irish223]

I have two children, married for 10 years. Wife stays home with kids. If I choose to leave the house for an apartment...do I lose all rights to my house and kids? I would continue to pay all expenses for wife and kids. I am worried that I will be accused to abandonment.

Thanks.

jba

If you continue to support your family, then legally you have not abandoned them.

It will be in both your best interests (and the kids') if you file for temporary custody/visitation/support with a parenting plan with which you both agree.

 

[jba9]

Thanks, I appreciate the quick reply.

Does vacating my house in anyway hinder my interest in the house?

Thanks,

jba

 

[irish223]

Thanks, I appreciate the quick reply.

Does vacating my house in anyway hinder my interest in the house?

Thanks,

jba

No, the equity in the house is a marital asset. (I'm assuming that you live in the US, and I believe that's true in every state.)

 

[Duranie]

You still have rights to the kids but you should file for divorce and get a temp, visitation agreement if your wife will not cooperate with you. You are not abandoning your kids by simply moving out. By the way you do not have to pay any expenses without a court order. If you and your wife want to notarize an agreement that you pay some of the expenses, in turn you get liberal visits with the kids. Without any court order your rights to the kids are equal to hers.

 

[jba9]

Is there a chance she can keep me out of the house?