Hi Sam,My wife asked me to move out for a couple of day to get some space. I was previously advised that moving out could have an impact on a later custody decision since it might be viewed as abandonment. Does the same risk apply if I go away just for a couple of day with the intent just to get some distance and not with the in tent for this to be permanent, or might this be used against me later?Thank you,Josef
State/Country relating to question: Maryland
Good morning Josef, my name is Jack.
Leaving your house for a few days, under the circumstances that your wife asked you to, she and your children know where you are, you are still paying the bills, you have some contact with your children, would not be considered "abandonment."I do want to caution you, if your situation proceeds to a divorce, the primary residency of the children (if that an issue) will tend to be that the court will leave them with the parent that stayed with at the break up. That's not to say that there wouldn't be shared Parental Rights and visitation -- I'm talking about primary residency.
I hope that answers your question adequately.
I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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