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Child custody: The consequences of moving out

Imagine you're in a highly toxic relationship and the only thing you want to do is to get as far away from your spouse as possible. However, you have children, and you're worried that it's not a good idea to simply separate yourself by moving out and leave your home, spouse and children. You wonder: Could moving out affect my chances of getting child custody?

Unfortunately, moving out of your home could affect your chances of winning child custody. Part of the reason why moving out could affect your child custody rights is because New York family court judges will probably assume that you're not completely committed to caring for your child if you're willing to leave him or her. The other point is that your spouse has probably become accustomed to caring for your kids at your home, and your children have become accustomed to these arrangements as well. A family court judge will be loath to upset the apple cart by disrupting your children's place of residence and routine.

The other option to help preserve your parental rights is to take your children with you when you move out. You can't simply do this without court permission, but if you gain court approval to remove your children from your home and go to a new residence with you -- perhaps for the purpose of protecting yourself and your children -- it could send the message to the court that you are a completely committed parent. Never take your children from your family residence without court authorization.

Navigating the legal aspects of a child custody dispute can be difficult and complicated. If seeking help from a qualified lawyer to assist in navigating your child custody concerns, you can try to protect your parental rights.

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