I would not advise you to move out of state with the children without the agreement of your spouse. Your husband might decide to file in court for emergency custody and there is a good chance that the court might award him primary physical custody of the kids. As you may imagine, judges do not favor parents who decide on their own to remove children from the state.
If your spouse agrees to let you take the children to Michigan, then you MAY be able to file a lawsuit there for divorce, property distribution, alimony, child support etc. However, the courts in Michigan may decide that they do not have jurisdiction over your husband if he still lives in NC. Jurisdiction is a complicated concept, but it would depend on such facts as: (1) Did your husband have an active role in deciding the children would live in Michigan? (2) Does he own any property in Michigan? (3) Did he visit the children in Michigan and, if so, how often and where did he stay when he visited? From your post, it appears that your husband lacks any connection to the state of Michigan, in which case you may not be able to litigate against him there. If this is the case, you may find yourself living in Michigan while pursuing a lawsuit in North Carolina, which could prove difficult and costly.
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(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.
I was wanting to know with my 2 kids being 15 and 16 could they at their age have an impact on who they want to be with and not be with of the parents??? It is already hard as it is to get any money now supporting us here in a home we have been renting let alone get money for food which he has been failing to provide for us…He feels the rent and electricity which was to have been shut off until I went in and paid it due to the husband too wrapped into his affair…The kids have already Stated they want to leave NC…Basically I have a dead beat husband…I have to call him at work or email him and in which he hardly ever checks his email…As he has told me and the kids…As it is only time the kids talk to him or see him if they call him and request him to come over AT HIS TIME HE NOT BUSY…
If there were a custody trial between you and your husband, the court would consider the wishes of your children as one factor. However, the court would also consider other factors in determining the best interest of the children.
If your spouse is not paying child support regularly, you should consider pursuing him through the Child Support Enforcement Agency in the county where you live.
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(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.
Hi I live here in NC for the past 15 years and married 17 years and have family in Michigan. Can I move to Michigan with the 2 kids that are living with me back to Michigan and wait the 6 months that Michigan requires for a no fault divorce? And sue the husband for part the military retirement check, alimony and child support up in Michigan?
He is dragging his feet to get any responses or to know all what is going on between us as far as sitting down and doing the separation paper work…
Thanks for all the GREAT responses…