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

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.

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.

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.

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