If you're in a volatile marriage, you may feel as if you can no longer live with your spouse. Whether your marital problems stem from arguments over money, adultery, or disciplining the children, a bad marriage can be a battleground.

If you want to move out and leave the kids behind, you may be wondering if such a move would affect your ability to get custody of the kids later on. In a word – yes.

Even if you're in a toxic situation, if you move out in hopes of getting physical custody of the kids at a later time, it's unwise to leave the children behind. When you leave your children behind, you're sending a message to the court that your spouse is suitable for physical custody.

If you're leaving your children in the same home where you have been living as a family, where they have been attending school, and participating in extracurricular activities, the judge may be reluctant to change your children's living situation, if only for the sake of not disrupting their regular routines.

What are my options?

If you feel you must leave the home (and you want to be the primary physical custodian), you should bring the children with you, and immediately go to family court and file for temporary custody and child support.

If you delay, your spouse could go to court first and allege that you've taken the kids without their consent. Across the country, family law judges frown upon parents who move out of the family home with the kids without seeking the court's assistance.

If you fail to notify the court, it can act against you. This is not good if your children are in harm's way for any reason. A judge could order that you return your children to the family home, pending further child custody proceedings.