When you are going through a divorce, it can be a very stressful and tense time. The last thing you want is to come home to your estranged partner, running the risk of toxic fights and further stress. However, you probably want to keep the environment for your children as normal as possible, and you are likely to worry about what they will be thinking and feeling.
Making the choice as a father to stay or remain in the family home is a tough one. There are social, emotional and legal implications in the state of California that you should consider. As a father, it is likely that you will be concerned with the future custody of you children, and where you decide to live during the divorce process may play a part in this.
Accusations of abandoning the family
It is common for fathers to feel as though it is their responsibility to “keep the peace” and maintain order by moving out of the family home when the divorce process begins. Often this decision is made out of a desire to reduce tension, fighting and anger. This behavior is prevalent, even when the mother decided to file for divorce.However, leaving the family home could have some serious legal implications. Leaving the home voluntarily makes it possible for your spouse to accuse you of abandoning the family. If this accusation is upheld in court, it may provide evidence to the courts that you are not committed to supporting your children, and, as a result, it may negatively affect the child custody ruling.
However, there are many ways to counteract this by showing the courts that it was out of love for your children that you decided to create space with your former spouse. No loving parents want their children to be subjected to fights and angry environments.
It is important that you consider your actions before deciding to move out of the family home. Make sure that you conduct research so that the decision you take is an informed one.