Custody and allientation of affection


#1

The alienation of affection would be a valid case if you can show you had a viable marriage prior to the affair. In the eyes of the court, you forgave him for this affair by attempting to reconcile. The case would have to be brought against your xfriend. Make sure that you keep records and hang on to the recording if you still have it so that you have some sort of proof, if necessary. It may not be usable since that all happened prior to the separation and reconciliation, so you may need to have current information if you can get it.
You did not actually separate from your husband until September but reconciled in November. Whatever he chooses to call it, you were not separated while still living in the same house.
Moving the children will have to be something that you both decide because until custody is decided either by the parents or by the courts, both parents have equal custody and are supposed to have equal access to the children. If your husband is willing to sign an agreement stating that you are to have primary physical custody and will be moving the children out of NC then you would be able to move. How much of a fight it will be is up to whether or not your husband wants to fight about it. He can ask the courts not to allow you to move the children.
Your separation does not begin until one of you move from the marital home and NC does have a one year one day separation requirement before divorce can be filed.


#2

Thank You. I do have current eveidence although not as good as past and I have that also.I’m not really concerned with money or even revenge all I want is my boys to live with me. My concern about the moving with my children is I know he will fight me on this. However, I have a job that I go to work at 400 am and no family here to help me. So if I stay here they can’t really live with me anyway or I have to quit my jobs which is with the postal service so that would be dumb but if i move there I have my mom to help me with them and brothers and sisters. I’m just wondering the odds of a judge granting me the right to move with them in my situation.I told him point blank if I cayght him lying to me or talking to her I would move. I don’t want to take them away from him completely I just want to go where my support group is and thats not here. Thanks for any input you may have.

Paula O. henry


#3

Dear craftyschild:

Greetings. First, on the child custody issue, it just depends. If he does not fight you, then no problem. If he does fight you and you can work here and get alimony, then you may end up retaining the kids here.

Second, yes, it sounds like a great case for alienation of affection and criminal conversation. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

My husband and I will have been married 12 years June 24. We have always gotten along really well and had no problems that I knew of. On March 11,2005 he told me he didn’t want to be with me and was not “in love” with me anymore. We have two children 11 and 6. I later found out he had been spending a lot of time on his cell phone with a friend of mine(my bill doubled). I asked them each about this and they said they were just friends. So I accepted that for a while. Then my next bill came and almost doubled again. So I went over them in detail. His first long conversation with her was on 3/2/05 then ceased until 3/13 and after that date went on at least five days a week sometimes hours at a time. This does not include incoming calls or home phone. I cannot verify those although I know his long incoming calls have greatly increased and his call to me have decreased. I asked him not to talk to her so much He said he wouldn’t but continued and she quit speaking to me all together. Right after she left her husband on Apr 17, 2005. I then recorded a message from her to his cell phone on May 18, 2005 Where she called him baby and said I love you. He was still telling me they are just friends! We were still living in the same house together as husband and wife although he called it separated. Things continued to go on so I moved out in Sept. 2005 although we still kept up a relationship as though married and went on a cruise together in Oct. 2005. Shortly after we got back from the cruise I found out they were in fact having an affair. After the news was out my husband wanted to work on things so I moved back in in Nov. 2005. Things had been rocky because I would find out they had spoken from time to time. Up until recently when they have started talking regular again. At this point we still live together because he won’t leave and I have no where to go. his whole family lives here and mine lives in GA 6hours away the only reason I stayed was to be with him. At this point I just want out. I want to move myself and my kids to where my family lives. I have requested a transfer at my job and would like to know how hard of a fight am I going to have to be able to take my kids and does this sound like a good case for alienation of affection.

Paula O. henry