Can she take the kids?

Im not cheating. Im trying to protect my children. Shes on several medications and I’m just concerned for the kids.

You cannot have her removed from the home simply because the environment is hostile. The situation you are in is not a fun one and it might be best to consult with an attorney to discuss your options regarding separation.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If I do not have a separation agreement through an attorney, can she take the kids from our home and/or out of the state? Does argueing constitute a hostile environment? My wife continues to acusse me of cheating and saying that im being secretive, she argues with me constantly and gets extremely “heated/hateful” at me. I’m trying to be nonconfrontational. Can this be considered a hostile environment where I would be able to have her removed from the house when we separate?