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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31688
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am married with two small children, ages 2 and 4. My

Customer Question

I am married with two small children, ages 2 and 4. My husband just recently went through an alcohol rehabilitation program. After going through the program, he does not follow what he was told to do, attend AA meetings, meet with a counselor and not drink alcohol. We just sold our house to pay off some debt from medical bills and other debts incurred by my husband. Our marriage has broken down with my husband lying consistently to me and also drinking again. I would like to get an apartment and live with our children separately from my husband. Can I legally live with my children separately from my husband. If so, how do I go about this without risking custody of my children if a divorce takes place at a later time?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Iowa
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I just need advice.
Submitted: 6 months ago.
Category: Family Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you were to move with your children to a separate property, that should not affect your right to custody of them when the divorce concludes. However, it could affect your property rights to the house as courts often view leaving the marital residence as an abandonment of the property.

Expert:  Roger replied 6 months ago.

Thus, if you're not concerned about the potential of losing your interest/right in your house, there's likely no issue with you moving with the children.....especially if you are doing it for their protection.