Should I Keep the Children When I Separate?

During the separation process, prior to a divorce, the question often arises, do I keep the children?

If you have children with your spouse, and you intend to fight for child custody, it is preferable that you keep the children with you when you separate. If you are the one moving out, this means that you should take the children with you. Having the children live with you during the separation period will give you greater control over the children’s lives during the course of the divorce proceeding, will give you an opportunity to demonstrate, or continue to demonstrate, your fitness as a parent, and will create a useful history of the children living with you. All of these things will be useful to you during a custody trial.

It is not wise to take the children or keep the children if one cannot do so without a violent or a heated confrontation, especially one in front of the children. However, all else being equal, having the children live with you from the start is generally in your best interest if you intend to fight for custody.


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