Location: Florida. I’m looking to leave my husband and divorce after I’ve discovered he’s cheated on me a second time. I’m looking to move back into my parents with our minor child, each having our own room. Which is only 15minutes from where husband and I own our house.
I would ideally like our child to be at my parents when I confront my husband and let him know I’ll be seeking divorce as I do not know his reaction. A year and a half ago he was baker acted because he threatened to kill himself when I discovered his infidelity and threatened to leave. We were able to work things out for our child’s sake and I thought I could eventually trust him again.
I’m not looking to withhold our child from him, I don’t want to jeopardize their relationship. Even though he isn’t a good husband, he is a good dad. I have no problem sharing custody just the initial confrontation and the fact that I’m the primary caregiver since I am a stay at home mom. I will obviously be looking for work once I move out.
So overall my question is, is it okay that I move our child with me to my parents house before divorcing and a custody agreement?
Comments
Sure. Be safe.
Don’t move anyone or anything until AFTER you have spoken with a divorce attorney. There could be major ramifications in court if he can prove that you abandoned the home.
I would suggest that you sit with a lawyer after you’ve written a list of what you need or want in the divorce decree. When it comes to your child, you need to outline every single detail.
For example, who has the final decision in: medical care, education, extracurricular activities, childcare, emergency situations, dental care, mental health care?
How will visitation schedules affect school days, holidays, vacations? What steps will be taken if a parent decides to travel/vacation out of state or out of the country with the child? What happens if a parent moves outside of a reasonable traveling distance for visitation? What is the maximum mileage point each parent drives to pass the child to the other parent? Who handles passport papers? Who claims the kid on taxes? How will those funds be awarded or split?
What happens when schedules need adjustments? Who handles the clothing and basic necessities? Who keeps the health and dental insurance for the child? Future proof by addressing car insurance coverage when child hits permit age. Consider the expenses and ownership of the child’s vehicle. Who and how much contributes there? College fund?
Don’t forget to specify the child needs their own private bedroom for overnight visitations. And in our case, we had a clause that prevented overnight visitation or any visitation if a partner was present within the first 24 months.