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Don't Let The Abandonment Issue Into Your Divorce

Child custody issues are among the most emotionally charged and contentious. When parents can agree to do what's best for the child, it's sure to create a more peaceful divorce, and the impact on the children is lessened considerably. Unfortunately, the stressful factors that lead to divorce can also cause some parents to act in ways that are not to their best interests nor the best interests of their children. Read on to find out more about child abandonment and child custody.

Staying Together in the Family Home

You might find it surprising how many divorcing couples decide to remain in the family home while the divorce is going on. Housing is expensive almost everywhere, and many couples have a guest room, den or basement space appropriate for creating some separation. Once the financial issues pertaining to the divorce are resolved, other arrangements will be made. This way of separating but staying in the family home usually also benefits the children. Leaving the family home and the minor-aged children who live there is not recommended, unless you already have temporary custody and visitation arrangements made and filed with the court.

Leaving and Taking the Child

If you must leave the home and expect to be awarded primary physical custody, you might want to take the children with you. Some parents must deal with an abusive and controlling spouse who makes threats about you leaving and about taking the children. Be sure to document any incidents of abuse or threats by using a journal and by involving law enforcement, if necessary. You can ask the court to award you primary custody of the child during the divorce process (temporarily) if you can show that the other parent is unfit in some manner.

Leaving Without the Child

Any parent that expects to ask for full custody should never consider leaving the family home without the child. Doing so could be viewed as abandonment and tends to make parents look bad if custody is in contention. Additionally, leaving the family home and then asking for it in the divorce is not a good idea, since you are also indicating that you are not interested in the home. Additionally, abusive parents have been known to hold the child "hostage" and not allow visitation unless you agree to reconcile. You must never put yourself or your children in a position where you have no options.

Seek Help and Advice

Speak to a divorce attorney from a firm like the Law Offices of Jamie L. Hazlett & Associates to find out more about your parenting rights, abandonment, and the family home.