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marriagedivorce-law, Family Law Attorney
Category: Family Law
Satisfied Customers: 319
Experience:  Family law attorney with extensive trial experience
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I live in the state of Illinois and have told my husband that

Customer Question

I live in the state of Illinois and have told my husband that I want a divorce over 6 months ago. Can I move out of our home with our children and not jeopardize being granted custody of our children?
Submitted: 4 years ago.
Category: Family Law
Expert:  marriagedivorce-law replied 4 years ago.

marriagedivorce-law :

Hi. I am an attorney and I will help you with your question today. Yes, a person in your situation can move out of the house with your children and not jeopardize your custody claim, as a general rule. That being said, it is advisable that before taking any action, you meet with a local family law attorney if at all possible to discuss the specifics of your situation. In no event should you leave the house without taking the children with you though, unless there are extreme circumstances like domestic violence.

marriagedivorce-law :

I am seeing a message that you are not online anymore so I will switch from the chat format to the question and answer format but will continue to be available to you in that format despite the message that says that our chat is finished. Please don't rate my response until you've gotten all the information that you're looking for. When you're satisfied with my response, I'd be grateful for a positive rating.

Customer: replied 4 years ago.
Sorry...I was having issues viewing your response. A second part to my question is that how much say can my husband have on having someone move in with me? Is this something that can be negotiated?
Expert:  marriagedivorce-law replied 4 years ago.
It's not so much an issue of how much say your husband can have on who moves in with you once you've separated from your husband as it is a matter of how a move in with someone else impacts a custody case. When parties are separated, parties are free to live with whoever he/she wants to live with, as a general rule. However, when custody is being determined, the court looks at all the factors that affect the best interests of the minor children. When a party decides to live with a third party, especially if it is very soon after a separation, that decision can affect how the court views a parent's ability to make good decisions about the children's lives. So, before making such a decision, a person should consider carefully how the choice could impact the outcome of his/her custody case. It is also important to keep in mind that the decision to live with someone romantically after separation can impact a person alimony or spousal support claim. I'm still here to respond to further follow up if you need me.
Expert:  marriagedivorce-law replied 4 years ago.

I hope that I helped you with your question. Please let me know. I'm happy to continue discussing your matter if you need additional information. I'd be grateful for a positive rating when your satisfied with the information that you've received. I wish you the best with your matter.