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FAQ of the Day Q: Can I move out of the home with kids before a divorce is final or can he be ordered to leave? A: Unless there is domestic violence and/or property damage, or the immediate threat of violence, it is not a good idea to move out of the home with the minor children without having a court order in place to give you the right to take the children from the home. If you take your children from the home, the father could seek relief from the court by obtaining an order for their immediate return. The courts look poorly on a parent who does not encourage and foster a good relationship with the other parent. This type of conduct may hurt your ability to obtain custody if a custody battle ensues. Generally speaking, it is best to talk to an attorney before removing the children from the marital home, unless there is an immediate threat of violence. For more answers to Frequently Asked Questions, visit https://lawfirmofvictoria.com/faqs/