Child during seperation

Dear wsams38:

Clearly your husband is involved in SOMETHING that he should not be…whether it is drugs or a negative reltationship. First, you may need to file a lawsuit against him requesting post separation support and alimony. I would have your attorney inform him that his failure to offer you financial support will not be a good point for him in court. Next, I would also file a claim for child custody and ask the judge to only allow visitation if he submits to voluntary, random drug testing. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

My husband and I seperated 9-9-04. I found out the was sleeping with a woman that just got busted in May for some serious drugs like LSD, Crank, and Meth. His cell phone records indicate they were talking over 100 times a month or 3-4 times a day. In addition my husband is a licensed Contractor and self employed. He gave this woman one of our business cell phones and while she had this phone she called a lot of men. At least 3-4 are in the NC Prison database as convicted fellons for various reasons and some of those are drugs. I thought it was just us not getting along anymore but … He started loosing a lot of weight and becoming very mean, but not physical mean yet. When I found out about the woman I decided to stay in our home, and he chose to leave. I can’t afford the home on my own yet. I asked for post spousal support but he wont sign the seperation agreement. Anyway my real question here is: If I show these phone records to someone and prove the relationship with convicted fellons and the woman can I make him submit to a drug test before allowing my daughter to be alone with him? and for visitation? What happens if he won’t sign the seperation papers? What is the next step to making him help pay the mortage until I can afford it on my own? We have been married 19 years… I believe he is on these drugs and I don’t know what to do. Any advise would be appreciated we live in NC. Our daughter is 15.