Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘In an attempt to salvage our marriage, my wife and I are considering a “temporary separationâ€. If the separation is not a legally executed agreement, could a court later consider the action of the spouse that moves out of the home as abandonment of the other spouse and our kids?’
Question: A court would be unlikely to consider it “abandonment” (which is an archaic concept that is rarely considered by the courts these days), however it is important to understand that the Court will often try to keep in place whatever has become the status quo. This means that if you move out of the house, leaving the children with your spouse, that could be the hook on which your spouse will hang a request for and a claim to custody.
