Custody


#1

Dear mesmith3:

Greetings. Yes, inform her that you intend to file an action for custody if she leaves. You may even be able to file an ex parte order depending on the severity of the special needs for your one child.

In my opinion, you should not take her threats “lying down.” Instead you should immediately seek out an attorney and have them advise you about your rights and start negotiating with your wife before she attempts to leave. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Is there a way though without physically not letting her and perferally without her knowing?


#3

Dear mesmith3:

Greetings. You could file an action for child custody, but she would learn about it as soon as you have her served by certified mail or Sheriff.

Also, let’s be clear about one thing…I have in no way advised you to “physically” stop her from leaving. You should not in any way touch her if she intends or is trying to leave. If you do, it will be assault.

Those are all of my options for you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

I would not repeat would not physically stop her that isnt my intention at all, thanks for the help


#5

Dear mesmith3:

I know that you are trying to do what is right. My suggestion is to hire an attorney now and try to work with your wife on the custody arrangement before she leaves. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#6

I am sorry if this has been asked before but my wife of 12 years said she is going to leave me and is going to take the children(2). One of which is special needs and all her state help is at this home. She works an hour and a half away. I work full time in town and get them to school and home from school and cook dinner every night. She claims shes going to leave me the house but is there anyway legally to stop her from taking the children? They would be better off staying at home at least till she gets settled and decides what she is doing.