Moving out & custody rights

[johndoeky]

I live in Kentucky and am new to this forum. (Thank you for providing it.)

I am strongly considering filing for either separation or divorce.

What is most advantageous re: custody rights as far as moving out versus not moving out of the home if I file?

I have been told by friends who have gone through divorce that it is advisable to stay in the home after filing, regardless of the climate, until the court officially rules on the matters of custody and home ownership.

The home is in my wife's name only. She bought it about a year prior to our engagement. We have been married for almost four years. Our daughter is two.

I can't quite decide how my wife will react if I file. I don't know if she will be vindictive, cooperative or somewhere in between. I want to have my best legal footing if a battle does ensue and don't want to do anything that diminishes my position.

 

[Duranie]

I would stay in the home, but what makes you think you have a better shot at cusody than the mom? Hate to say it but unless you can prove mom is totally unfit, she will likely get custody BUT you can certainly ask for joint, and visitation rights. You really should see an attorney but I recommend trying to bite the bullet and avoid a custody battle. You can tell mom you want joint custody and you will not budge from that but it's the courts decision.