Abandonment & Other Issues


#1

Dear slightlyaskew:

Greetings. Do not sell yourself and your children short. Yes, you have a chance of getting your children. If I were your attorney, I would first contact her and try to negotiate a settlement out of court. I would give her two weeks to comply with a settlement offer/demand. If not, I would discuss with you filing for custody - especially since your children may be in danger from the older child. Then, I would try to set up a temporary hearing for custody prior to the mediation so we can have a schedule of custody until a final hearing - informing the judge of the fights with the children. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your reply and encouragement! I have read almost all the posts on this board trying to learn how the laws work here in NC.

Will my situation qualify for a B&B decree? I presume I will need to have witnesses to her infidelity and/or hire a PI to get proof?

Thank you again for the wealth of information you provide on this site!


#3

Dear slightlyaskew:

Greetings. I do not know what you mean by a B&B decree. If you mean a divorce from bed and board, the answer is no. Divorce from Bed and Board is a claim that is only filed when you and your spouse are still living together.

I would hire a PI if you are worried that she may ask you for alimony. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My wife made life intolerable in our home. She has kids from a previous marriage that I have raised for over 10 years and we have 3 children jointly. I have always worked and supported my family and the wife has worked sporadically. She insisted that she would pay the bills as she had more time to do that. She then started attending college. She now dresses up in sexy outfits to go to school and has been using the money for tanning, nails, hair, etc and not paying the mortgage, insurance,etc.

I do the laundry, cooking and cleaning when I get home at night and/or the weekends. One of her daughters (15) has become extremely violent in the past 6 months and they have physical violent fights w/dire threats coming from the daughter.

After the last argument, she forced me to leave the house and then had the locks changed on the doors the next day. She then had a restraining order charging DV issued. The RO was dismissed in court. She refuses to let me go back to my home to be with my kids. I found out she is/has been having an affair with one of her teachers and feel that is what has precipitated all these actions against me.

I want her and her kids out of my house and I want to be with my kids. I know dads don’t have much going for them in the court’s eyes when it comes to letting me have my kids. But what do I do? I don’t want to lose my house and my kids! I did nothing wrong. I have no idea what she has been using my paychecks on. She buys her and her kids new clothes while she takes my kids to Goodwill to get clothes.

I have to wait until my next paycheck to get an attorney, but what can I realistically expect the attorney to do for me? Do I have any chance of getting my house and kids?

Sorry this is so long, but I am so miserable without my kids. By her throwing me out of the house and taking up with her teacher she has abandoned me, but I am on the losing end here.