When you're preparing for your divorce process, if you and your spouse have children together, you shouldn't simply move out with your children – no matter what kind of agreement or arrangement you've made with your spouse. Any kind of preemptive move (either away from your children or with your children) from the primary residence may not bode well for you during your child custody proceedings.
Spouses who simply leave their homes without their children could be viewed by the court as having "abandoned" their children. Spouses who leave their homes with their kids could be viewed by the court as having "kidnapped" their children. Neither option will be good as you vie for your parental rights during your court proceedings.
The wisest course of action is to wait until a judge has approved of a temporary child custody and visitation agreement before you leave the primary residence where you and your children reside. This will ensure that your child custody arrangements are in place and you move out – whether it's with or without your kids – in a lawfully appropriate manner. Later, during the divorce process, you and your ex will codify the permanent terms of your child custody and parenting plan.
If you need help moving out of your house as quickly as possible – or if you or your kids are in physical danger by remaining in your primary residence – learn more about your rights and options. A good understanding of state child custody law will go a long way as you navigate all aspects of your divorce and child custody proceedings.