During divorce, you work hard to shield and protect your kids from the difficulty you and your spouse are experiencing, and for some parents, you may want to keep your kids away from your partner completely. But can you legally do this while the divorce is still pending? The short answer to this question is usually no.
How custody is handled during divorce
As a general rule, we strongly recommend that parties about to initiate a divorce proceeding not leave the home unless they feel that it is unsafe to stay.
There are no legal ramifications to leaving, but the psychological ones can make make the divorce proceeding exponentially more difficult. It can make the other spouse feel no pressure to resolve the divorce as they are comfortable in the new status quo. Additionally, they may not keep the home in as good condition so that if it placed on the market, offers may not be as good – prolonging the divorce process.
With children, if there are problems with the other parent then timesharing with the kids can be affected. If one parent is not willing to allow timesharing to the parent outside of the marital home things can get complicated quickly – this is less of an issue if the parents still live together.
This being said, if you are still considering leaving the home while your divorce is still pending, there are a couple of ways for you and your spouse to negotiate a time-sharing arrangement for your kids. One is for you and your soon-to-be-ex to negotiate a temporary agreement either by yourselves or with the help of a divorce attorney.
Another option is to request a temporary court order, which may become necessary if you and your spouse cannot agree on custody or if you believe your children may be endangered by the other parent.
Any court order granted while a divorce is pending would only last for the duration of the divorce proceedings. Once the divorce is finalized, the terms of the permanent parenting plan and time-sharing arrangement will go into effect.
Regardless of whether the arrangement is for before or after the finalized divorce, the guiding law for time-sharing arrangements is based upon what’s in the best interest of the children, and usually that includes equal time for both parents.
At the Vasquez de Lara Law Group, we’ll help you understand your options when it comes to divorce, your parenting plan, and time-sharing arrangement and make sure that you receive fair and adequate time with your child both during and after your divorce is finalized. Contact us today to schedule a case evaluation.