You will not get in trouble if you take your child to the beach. Until you have a custody Agreement or Order in place then each of you has right to 100% custody of your child. I would encourage you to keep trying to work this out with your spouse.
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 NEED HELP… I HAVE SEPERATED FOR OVER 9 MONTHS FROM MY EX-HUSBAND WHICH I RECENTLY FOUND OUT IN FEB 2007 THAT OUR MARRIAGE IS ACTUALLY VOIDED BECAUSE MY FIRST DIVORCE WAS GRANTED BY THE JUDGE AS A “BED AND BOARD DIVORCE” AND NEITHER ME NOR MY SPOUSE AT THAT TIME EVER FILED FOR AN ABSOLUTE DIVORCE. I HAVE A 8 YEAR OLD SON AND ME AND MY EX NOW SINCE WE HAVE SEPERATED, NEVER FILED FOR CUSTODY FOR MY SON. I HAVE BEEN REALLY NICE AND TRYING TO KEEP PEACE WITH MY NOW EX. WE HAVE BEEN DOING JOINT CUSTODY ONE WEEK ON AND ONE WEEK OFF, BUT NO PAPERS AGAIN HAVE EVER BEEN SIGNED. I AM GOING ON VACATION FOR A WEEK TO THE BEACH AND WANT MY SON TO GO WITH ME, HOWEVER SINCE “IT’S NOT ME WEEK, MY EX IS SAYING I CAN NOT TAKE HIM”. HE IS DOING THIS FOR SPITE AND THAT’S ALL. HE HAS ALWAYS WANTED THE UPPER HAND, AND HE THINKS HE CAN DO THIS BY PLAYING GAMES BETWEEN ME AND MY SON. I AM GOING TO FILE FOR FULL CUSTODY AND NOW SUPPORT (AGAIN I BEEN REALLY NICE AND NOT ASKED HIM FOR ANYTHING). MY QUESTION IS, SINCE THERE IS NO PAPERS FILED OR NO COURT ORDER ISSUED FOR CUSTODY AND I TAKE MY SON TO THE BEACH, WILL I GET IN TROUBLE? CAN HE HAVE ME ARRESTED FOR KIDNAPPING MY SON? MY SON HAS EVEN STATED TO ME THAT HE WANTS TO GO, THE POOR GUY HAS NEVER BEEN ON VACATION IN OVER SEVERAL YEARS, ONLY BECAUSE MY EX WOULD RATHER TAKE HIS VACATION BY HIMESELF W/BUDDIES TO LAS VAGAS TO GAMBLE. PLEASE HELP!!! I WANT MY SON TO HAVE A GREAT SUMMER AND A VACATION, I JUST DO NOT WANT TO MESS UP CUSTODY WHEN I DO GO FILE FOR IT OR BE ARRESTED. THANKS SO MUCH FOUR YOUR REPLY. MEADOW04