Olivia, My husband and I have struggled with marital issues for years and we are at a point at which he thinks we need

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Customer: Hi Olivia, My husband and I have struggled with marital issues for years and we are at a point at which he thinks we need distance and he would like me to get an apartment. I am concerned that if I do get an apartment in order to give him the space he is requesting, that it could hurt me if we were to divorce down the road?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We haven't taken any steps nor have we file any papers in family court. *filed
JA: Family law varies by state. What state are you in?
Customer: Connecticut
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Answered by legalgems in 5 mins 1 year ago
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legalgems
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legalgems, Expert

Hello and welcome; My username is ***** ***** and I will do my best to assist you during this time.  I understand that legal issues can be confusing and intimidating so I will do my best to get you the requested information.
Please be patient as I prepare a response.

Per the rules of the site, all information is for general educational information only and of course a meeting with a private, personal attorney is required to obtain legal advice specific to one's situation.
Thank you, ***** ***** a few minutes please as I review your question in detail and prepare a response!

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legalgems, Expert

I am sorry to hear you are having marital problems. Can you tell me-do you have minor children?

Customer
We have four children total and two of them are minors, ages 13 and 11.
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legalgems, Expert

Thank you;

generally leaving the family residence does not come into issue unless there are minor children; then the court may construe it as if abandonment if one parent leaves the children. This can affect custody.

So in such cases the standard procedure is to

1. bring the children with

2. arrange an informal parenting schedule to show no intent to abandon, and document accordingly

3. get a temporary court order that memorializes the situation.

Normally leaving does not affect property interests unless there are extenuating circumstances such as one party leaving and taking all assets with them. Please let me know if you need further clarification. Thank you.

Customer
He wants me to leave the children with him. Just to clarify though, it sounds like I would need to bring them with me or it could be construed as abandonment?
Customer
If I do not take them with me but still arrange an informal parenting schedule, would that present me in a better light in the eyes of a judge?
Customer
Do I need to go through an attorney to get the temporary court order to memorialize the situation or can I do it on my own?
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legalgems, Expert

The court will look to the best interests of the children when determining the best parenting plan.

So if one parent voluntarily leaves the home, and leaves the children, and does not see the children the court can assume a lack of interest in parenting and they can take that into account when formulating a custody order.

So any action that would help solidify the intent of the parent to remain active in the child's life can help, from that perspective.

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legalgems, Expert

It is best to have an attorney assist, as they will have personal knowledge of the presiding judge and can help negotiate an agreement that will help your case.

Customer
Ok. Thank you very much for your help.
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legalgems, Expert

Thank you and please take care; and certainly good luck to you during the divorce process. It can be quite confusing. Take care.

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