How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
10707909
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My wife and I have been having marital issues years now and

Customer Question

My wife and I have been having marital issues for several years now and I would like to leave the house temporarily. I would stay at a family member's house or at a friends house so that our inability to communicate without fighting does not negatively impact our two children - ages 6 and 8. In leaving the house, even temporarily, do I put myself at risk for reduced rights if the marriage continues to erode towards divorce?
When separation or divorce is discussed, my wife threatens to "get full custody" of the children. I do not believe she would attempt to do this but I cannot be sure I would like to be sure I am not unknowingly reducing my chances of joint custody at some point in the future.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

If you move out, with an intent to separate, as long as you continue to contribute to the household as you have been then there will be no impact such as it would be with desertion or abandonment.

The child custody is not going to be effected as long as you contribute to contribute to the children, the home and their welfare. However, keep in mind that even in such a separation unless there is a court order designating visitation, the Mother does not have to allow you to have those visits.

Expert:  Samuel II replied 1 year ago.

So I suggest that the sooner you can discuss with your wife a mutual separation agreement and discuss seeking a mediator to help you to devise such things as visitations, the better off you will be. Also be sure to keep track of any and all contributions you continue to make to the household expenses and the care of the children