Choosing whether to move out of the family home can be a difficult decision. Moving out can have a significant impact on child custody and access to assets. Understanding the benefits and consequences of making the decision to move out is important before making that first step. 
There is one instance in which one spouse must move out of the family home. This instance occurs when one spouse has a protective order against the other spouse requiring the spouse to stay away. This is typically found in domestic violence cases and a move out order is granted by the court.
Child Custody
It is very common for one spouse to move out of the family home and one spouse to stay with the children. However, this scenario is not always the best for the parent that moves out. Once one spouse moves out, until a custody order can be made, that spouse must arrange child visitation with the spouse who stayed in the home.
At first, this may seem like a reasonable arrangement. However, separation and divorce can become increasingly difficult. One spouse may indicate that the other can see the children whenever they wish. However, without a formal custody order there is no way for the moved spouse to enforce this.
It is not uncommon for the parent that stayed in the family home to “forget” visitation times or find visitation inconvenient. The moved spouse is at the mercy of the parent that remained in the home.
Significant Impact on Visitation
Many of these types of situations result in parents going weeks – and sometimes months – not seeing their children. This is an even greater possibility if the parent that remains in the home decides to be uncooperative.
If this situation does end up happening and a parent is having a difficult time accessing their children, a custody order is necessary. A skilled family law attorney can help you file a motion granting you custody time. However, this does take time to accomplish.
Obtaining a Custody Order
The best first step if you move out of the family home is to obtain legal representation right away. The longer you wait, the longer the other parent can keep your children from you. Although judges do not look kindly on a parent that attempts to block visitation time, judges also look to how long one parent waited to file for custodial time.
It is also very common for judges to not want to upset the status quo. This means if your spouse has been caring for the children full time for a significant period of time, a judge will likely not want to disrupt that arrangement. Once a parent has been living in the family home it is unlikely that a judge will ask that parent to move out.
During the divorce, another possibility parents can choose to engage in is called nesting. This is when the children remain in the family home and the parents take turns staying with the children. Knowing this option ahead of time allows you to discuss this with your spouse before you make the decision to move out.
Discussing your wish to move out of the family home with your family divorce attorney prior to filing is essential to keep your visitation and custodial rights.
Other Issues When Moving Out
Another area to consider, besides custody, is access to assets. Many spouses file for divorce because they are no longer able to get along. A spouse may pack a suitcase and take a small amount of personal items when leaving the home.
Once a spouse leaves, the other spouse has unlimited access to all of the items in the household. Although it is not lawful for the other spouse to start giving away or selling items, it is not uncommon for items to go “missing” or to become broken.
Once a spouse leaves, being able to re-enter the family home may be difficult. Locks can be changed and remotes reprogrammed. Gaining entry can be burdensome and timely.
This is not to say all spouses are unreasonable and leaving items behind will result in damage, but you should be aware of the potential consequences if you are going to move out.
Speaking with an experienced family law attorney will not only help educate you on all the consequences of moving out, but will also inform you of your rights and help preserve them.
Free Consultation with a Tulsa Divorce Lawyer
Leaving the family home is an emotional and difficult decision. It involves potentially leaving your children and belongings behind with an uncertainty as to when you might see them again. It is so important to discuss your case with a family law attorney before making that decision to leave.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
