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Juliana, Attorney
Category: Legal
Satisfied Customers: 1651
Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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my wife just told me to leave. If I do can she say I left them

Resolved Question:

my wife just told me to leave. If I do can she say I left them and lose rights to see my children? Do I have to leave?
Submitted: 6 years ago.
Category: Legal
Expert:  Juliana replied 6 years ago.

Thanks for your question.

If you have joint ownership of the marital residence, she cannot order you to leave the house unless there is a legal separation agreement or some other order in place that addresses this situation. Unless/until you are legally required to leave the house, it is as much yours as it is hers, and you have an equal right to live there.

Hope this helps.
Customer: replied 6 years ago.
We have joint ownership but what if I leave can I take my children with me? The only reason I am still with her is I can't stand the thought of not being with my kids.
Expert:  Juliana replied 6 years ago.
You and your spouse have equal rights to your children, so theoretically, you can take them and move out unless a divorce case has been filed.

If you or your wife intend to file for a divorce and child custody is going to be an issue, I would advise against you moving out of the home with the children until such time as the court holds a temporary orders hearing in the divorce case and makes a determination of who should have temporary custody of the children. If you move them before a divorce is filed and before a temporary hearing is held, your wife can certainly hold it against you. She can argue that she should be entitled to temporary (and later, permanent) custody of the children since that is their home, and you did not act in their best interests by disrupting their lives with a move.

Also, please be advised that if you move out, with or without the children, and your wife stays in the home, the court is likely to give her temporary possession of the home since she is already living there and you were the one who moved out. It would likely follow, then, that since she is living in the children's home, she would be the one to get temporary custody of them.

Hope this helps.

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