Child Custody


#1

I asked for a divorce, my husband left. He established residency in NV. My 4 yr. old son and i remain in NC. He wants my son to go out to NV over the summer. He refuses to sign a separation agreement or custody agreement.
Should i file for custody now? I don’t mind him going to spend time with his Dad, but not at the risk of any other situations regarding custody arising.


#2

Yes, I would go ahead and work towards getting a separation agreement or court order on custody. It is always best to have some controlling legal document on custody so that you can enforce your custody schedule in case one parent breaches. If you are unable to do so prior to the child leaving for NV, you always have the ability to seek an emergency temporary custody order in the event that your ex doesn’t return your child as planned.