I am getting a divorce in California, and am moving out of my home. Will that ruin my chances of getting custody of my kids?

Question Detail

I have been fighting with my spouse a lot, and we are divorcing because of irreconcilable differences. I want custody of my kids, and I want to make sure that I do not give my wife an advantage to getting full custody of our children. Will I have a hard time getting custody if I do not live at home anymore?

Answer

In child custody cases, the court will generally not make a decision regarding custody based on one factor, but instead they look at the child’s “best interests.”  Because many different elements are considered, the likelihood of a court looking upon an action as favorable or unfavorable can depend on the totality of the circumstances.  It is important to contact an experienced family law attorney who can assist you in the proper planning and execution of your legal goals.