Can I make him leave?


#1

Based on the facts you have put in your post, there should not be any legal implications if you move out. You will need to make sure your Husband knows where you are and the two of you should try to work out a custody schedule. I normally recommend that you should contact with an attorney before moving out, however in your case it sounds like the situation you are living in are not healthy for you and your children. If the threats he makes make you concerned for your safety or those of the minor children, then you can seek a Domestic Violence Protective order to protect yourself and the children. If you feel that you are safe in the home, then you should consult with an attorney before deciding to leave the residence. Once you have separated, Child Support Enforcement can assist you in seeking child support, their website is www.ncchildsupport.com.

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

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Suite 510
Charlotte, NC 28262
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Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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ROSEN.COM

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

My husband and I rent and have 2 children (4 and 16). He is away from the home from Sunday to Friday for work, and when home he has his own room. We’ve talked about divorce forever. He’s an alcoholic and is very verbally abusive. He started a fight with our oldest on New Years eve, and threw him out of the house in the rain at 2am. I brought our son back. We don’t have any assets, but do have a lot of bills. I’ve been the primary care giver for most of the kids lives. We both work, and make close to the same, but I pay for insurance out of my check. He says he won’t leave the house, and if I want out, I can take the kids and leave. I don’t have the money to go anywhere. I want him to either leave and pay child support (about $1000 according to your calculator) or only come into the house every other weekend, and split the bills. We would then each find somewhere else to stay on the other weekends and the kids would stay home. Can I make this happen?