As a family law attorney, I am often asked, “If I leave the house, is that abandonment?” Short answer, generally, no, but the person who leaves the family home with children at home will lose time with the children and lose leverage in negotiations of financial issues and parenting time issues.

One of the factors that the court will consider is who has interacted more with the children in the time before a judge makes a decision. If one parent is out of the house, they are less engaged in the daily activities of the children. As a result, the best choice (instead of moving out) is to move to another room and spend as much time with the children as possible.

This is great for the children, so both parents can be in the home to ease the transition. I strongly encourage the family to practice parenting time with different schedules to see what will work best. This can be done with everyone in the same home by explaining to the children which parent is on duty and urging them to go to that parent for permission, rides, meals, homework, bedtime routines, and more while the other parent can be available if something comes up. This gives everyone a security net during the transition.

Whenchoosing schedules to practice, be aware that no court order is required to do this, nothing has to be filed with the court, there should be no consideration given to the impact on child support, and move the focus from “50/50” to what is best for the children. Try schedules that you would never expect to agree to so you can see how the children manage. During this time, watch and journal their grades, sleep, health, and emotions to keep a reliable record of how they do.

For more information, please contact:

Wakeman Law Group, PC

741 S. McHenry Ave., Suite A

Crystal Lake, IL 60014

Ph: 815-893-6800

wakemanlaw.net