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If I am choosing to move back to my parents home for a

couple months due to ending...
If I am choosing to move back to my parents home for a couple months due to ending a terrible relationship and walking away from our home together , could me ex get custody of our child?
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Answered in 24 minutes by:
7/9/2017
Michael Gonzalez
Category: Family Law
Satisfied Customers: 550
Experience: Managing Member at EWF Title, LLC
Verified
In general, leaving the marital home prior to commencing a divorce action is not considered abandonment but it may adversely affect your ultimate child custody schedule with your minor child.Leaving the marital residence can play a role in the court’s determination of custody and physical placement. The court will decide child custody and parenting time by weighing all factors relevant to the best interests of the children.These factors include the interaction and interrelationship of the children with their parents, the amount and quality of time each parent has spent with the children in the past, and the cooperation and communication between the parents.A parent who moves out and disregards ***** ***** her duties to his or her children before filing for divorce will have a tough time claiming sole custody or primary placement.Courts seek to create a stable environment for the children of divorcing parents during and after the divorce process by preserving the status quo. If prior to filing you establish a status quo of being away from the marital home and being the one who “visits” your child, the court may be inclined to uphold a similar arraignment for placement after the divorce is finalized.Filing a separation or divorce action prior to leaving the marital home is of no consequence. The best way to preserve your child custody and parenting time rights is by being with your child as much as possible during the pendency of the separation or divorce action.
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Customer reply replied 7 months ago
I'm sorry maybe I poorly worded it.I am divorced (4 years) and have custody of my kid. I have to deal w being threatened that my ex is getting a lawyer taking my kid bc I just ended a relationship and am moving back tinny parents home until I get back on my feet.
Customer reply replied 7 months ago
My bed is saying I am not showing stability and it's unfair to our kid
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,549
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

I'm another expert here and I can help you.

How old is your child and please can you tell me about the situation in your parents' house -- is there a separate room for the child? I'm like a guardian ad litem in your state, and I represent children, so I understand how the judges think and what they're looking for. Thank you.

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Customer reply replied 7 months ago
We will share a room. They have a very nice home and it's only temporarily
Customer reply replied 7 months ago
Oh and the child is 7
Customer reply replied 7 months ago
I think my ex is trying to cause as much trouble as possible bc I'm trying to get a better job and move to another state.

Thank you. How temporary is this?

Yes, your ex is definitely making trouble. You may need to get permission to move out of state especially if she has joint custody.

Is the child male or female? That will make a difference.

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Customer reply replied 7 months ago
Maybe two months. Boy. Yes I've heard all kinds of different things about moving. My cousin actually just went through that here in GA. She was able to move bc she met a man in Florida and they got married.

Marriage is a reason to move. Engagement isn't in my state. The courts won't let you go for that reason. Sometimes they won't let you go even if there's a marriage!

Some states are really strict.

You are male? I have to make sure because it affects the answer. Thanks.

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Customer reply replied 7 months ago
I am. That seriously matters?!?!

Yes really it does.

Thanks.

Since you're both male, then the judge will be generally okay with this. If you had a daughter, the judge would likely not be okay with it and I would be advising you to give the room to your child and see if you can take the couch in the living room. Seriously. That's how crazy this gets. Sorry -- typing too fast.

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So here is your defense to her craziness right now. You need to tell the judge, if the ex files, that this is temporary and you're getting a better job, this will only be for a few months and then the child will have complete stability with you. The child is very attached to you and it's in the child's best interests to continue staying with you.

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Customer reply replied 7 months ago
Ok so just out of curiosity... lol... if I want to move to Florida w my child and she fights it then would it be better if I was moving bc of marriage lol

Not necessarily.

It would be better if you are moving because you have a great economic opportunity and you got a great job that you can't pass up. I've done relocation cases for years. Marriage doesn't always cut it. Usually, economic reasons are good reasons, not always, but often.

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Will you be able to get a lawyer to help defend you if she files?

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Customer reply replied 7 months ago
Maybe it I'm not sure

Well if you can I'd advise it. Relocation cases are the hardest ones to do.

We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

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Anyway, do you need more information or does this answer your question? I want to make sure I covered everything for you.

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Customer reply replied 7 months ago
How do I find pro bono or legal aide

Okay, I can help you with that. Where in GA? Nearest big city would help.

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Customer reply replied 7 months ago
Atlanta

Thank you.

Please keep in mind that pro bonos don't really exist -- they are listed as pro bonos and people tell me that the lawyers listed there charge money, so if you find a pro bono that would be rare, but I hope you do. You'll have to make a few phone calls but I'm sending you the right information.

https://www.justia.com/lawyers/family-law/georgia/atlanta/legal-aid-and-pro-bono-services

https://apps.americanbar.org/legalservices/probono/directory/georgia.html

http://attorneys.superlawyers.com/legal-aid-and-pro-bono/georgia/atlanta/

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You should be okay if you can show that the child staying with you "is in the child's best interests." That is the key phrase.

The child's best interests, so you can get used to saying that.

Also, the child is close with you, has bonded with you, and I don't know what the relationship the child has with the mother but you will want to prove that the child is thriving with you. Thriving is also a key word -- that he's doing well generally, that he is doing well in school, is in good health, etc.

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Thank you for letting me help you today!

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

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Feel free to come back here for a follow-up question based on this one.
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Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

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FamilyAttorney
Category: Family Law
Satisfied Customers: 1,549
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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