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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I am wanting to file from my husband of 12 years. We

Customer Question

I am wanting to file for divorce from my husband of 12 years. We currently live in Noblesville, IN with our 7 yo boy and 4 yo girl. I have accepted a job offer in fort wayne, IN and will need to be there April 4th. I was originally planning on leaving the kids with dad as to not interrupt their schedule, at least not until school is on summer break. I figure this would allow me time to settle into the job, have insurance, and a place to bring the kids. My husband is insisting that he will retain custody of kids. If I leave the kids with dad until June, will that predispose me to an abandonment charge, if I'm helping pay for their childcare. It was also suggested to me to remove my name from our lease, which is also up in June, is this advisable? I have not filed for the divorce yet, I was going to wait and file in Allen county, or would it be better to file in Hamilton county where we currently reside?
Submitted: 7 months ago.
Category: Family Law
Expert:  Chris T., JD replied 7 months ago.

Hello. I'll be happy to assist you.

No, that does not make you exposed to an abandonment charge. For a parent to abandon a child, they must exhibit some intention to not return for the child or provide any care for them. Taking a job thats out of town, which will cause some physical separation for a few months is not abandonment. You should take every chance you can between now and then to see the kids, even if it's only by phone, and then seek to get them as soon as school is out and you are settled.

Since you currently live in Hamilton County, you will need to file there. You don't have residency in Allen County yet, so it is not a proper place to file. You have to live in the county for three months before you can claim residency there. So, unless you want to wait until this summer to file, you'll have to do it in Hamilton County.

As far as the lease is concerned, there really is no reason to remove your name at this point. He'll probably use that to argue that you never intended to return. Also, the landlory probably won't let you remove your name until the lease is up anyway. Either way, there really isn't a good reason to take your name off.

My suggestion is that you hire a lawyer as soon as you can and try to file for divorce before you move. If that's not feasable, it's not a huge deal, but you still want to start the process sooner rather than later.

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