# Moving out and it's effects on custody in NYS



## lovestruckout (Jul 6, 2011)

My wife had a number of affairs over our marriage and I am beside myself. I want to move out, but in the event we can reconcile, does anyone know if me leaving messes up my chances for joint custody? I will not fight her for residency, a mother deserves her children and she is a good mother (just a horrible cheating wife). It is true that as long as you are not out of the house for more than a year, it doesn't effect custody?

Oh, BTW, the house is soley mine, I bought it before we got engaged.


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## Prodigal (Feb 5, 2011)

Custody laws vary by state. One thing I do remember from my domestic law course is New York was the only state that actually required CAUSE for divorce. That law may have changed by now, but six years ago it was still in force.

How many years have you been married? My advice would be to find a family law attorney who will give you an initial free consultation to determine, at least to some degree, custody issues. Division of property hinges on length of marriage, which is why I asked how long you have been married ...


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## RunningOnEmpty (Aug 29, 2010)

Yes, moving out severely affects custody outcome. It doesnt matter whose house it is.

Go to dadsdivorce.com, and read the list. The number one mistake you can do is moving out. Don't do it.


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