Divorce from bed and board


#1

Dear ecr41980:

Greetings. Your next step is to have your attorney answer and counterclaim. You must do so in a timely manner or you may lose custody and other rights.

No, his mother does not have any right to take the child, but she can see him when his father has visitation.

You should not restrain him from taking the child if he asks, as long as you believe that the child is not in danger. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#2

Sorry to be so long winded. Is boils down to this basically - We have a 5 mth old son together who has been with me since birth and still is. For the past yr my ex has been in and out of our house anywhere from a weekend to a few weeks at a time. He has assulated me several times and right now has a charge of Communicating Treats that will be heard next month. I have had numerous DVO’s and warrants on him and have dropped them when he’s come begging back. We split last month for the last time and he got all his furniture and belongings. I was having an attorney draw up a seperation agreement because he said he would sign it and he went slinking around and got his attorney to file a civil summons for a divorce form bed and board saying his life with me was untolarable etc., full custody and if not that joint custody, child support from me and equitable distribution. I have several questions - Where do I go from here?? Since we have been seperated he has not called to check on his child and has not asked to see him. He is an alcoholic and has a mental problem. If he saks to take him do I have to let him go? Does his mother have any right to see him or take him?