Can I leave

If you are planning on having your son with you when you eventually separate, then no…do not leave UNLESS he says you can take the child with you. He can’t make you leave the house. If you leave without your child, he may claim you abandoned the house and family and that could affect custody. Although it may be uncomfortable, stay in the house until you see a lawyer. I did it for 3 months and I survived, so be strong. Good luck.

Since you have an appointment with an attorney on Tuesday, I would advise you not to leave until you have consulted with an attorney. Generally, one party can move out of the residence without too many repercussions, however that it not true in every case. It would be best to meet with an attorney regarding your specific facts and let them advise you.

Until there is a custody order either one of you has rights to “full” custody of your son and you could certainly take him with you when you go. However, if your Husband has been the primary caretaker of your son, you could cause yourself legal problems by taking him with you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

I have told my husband that I want a separation/divorce. I have an appt with an attorney next Tuesday and I wanted to wait until I spoke with the attorney before leaving. However, he told me this morning he wants me to go now. We have to tell our eight year old son first, he wants to do it tonight. Can I leave tonight without jeopardizing my rights to my home? Also, shouldn’t I take my son with me? If I go, I would go to my brothers until I can get a place of my own. I am actually in the process of looking for a place now.

Virginia P. Warren