Over the years I have seen people hurt their ability to obtain custody or be awarded substantial parenting time by moving out of the home where the children live without a court ordered agreement regarding custody and parenting time. Quite frequently they fall into the trap by way of their spouse or significant other requesting that they move out. Their are a variety of reasons that are used for the move but the end result is that the party who has the children gains an advantage because they have the child or children. The longer this goes on the harder it is to come to a fair agreement and the harder it is to prevail in a court action. So long as there is no domestic violence you can not be required to move out unless someone brings an eviction action against you. This is true even if the opposite party owns the home or rents. If the home has become your residence you do not have to leave unless a court orders you to leave.

Obviously if you are place in this position your home life would become more difficult in that the other parent might be fighting regarding either the custody or your failure to move. If placed in a position where the opposite party wants to fight a lot the best approach is to not fall into the trap and not engage in a ny fighting or arguing. This can be difficult but with self discipline it should be easy to accomplish and places the parent that is not arguing in a better position.

If but in this position it is best to hire an attorney well versed in family law issues. It is imperative that you understand your rights and take a course of action that is best suited to maximize your ability to obtain custody or substantial parenting time. Quite frequently the opposite parent wants you out and will be more reasonable in negotiating a settlement. If on the other hand you have moved out the opposite parent quite frequently becomes more difficult in regards to settlement because they know that they have the upper hand.

One also needs to be wary of a false claim of domestic violence and this is another important reason not to engage in petty bickering and/or loud arguments. The best approach is to stay calm, talk in a normal voice, and attempt to have a rational conversation. If this is impossible than it is best to say nothing rather than falling into the trap of an emotional argument which can turn into a 911 call to the police.

If you, a friend, or a loved one has custody and parenting time issues call me for an opinion as to the issues of the case. I have over 25 years of experience in family law and divorce matters. I handle cases in Wayne, Oakland, and Livingston Counties. I can be reached at the office 248.380.8787 or on my cell 248672.6112.