I am in the process of leaving my wife. She is Physically and verbally abusive to me, she is verbally abusive to our adopted son(Adopted from my Brother) and she ignores him. I need to get me and him out of this situation. My question is since I have no family in North Carolina, my family is in Georgia, I have no one or anywhere to go up here. Can I legally take my Son and take him to Georgia? I am under the impression, that she can send the police after me if I do that.
Thanks for your response in advance.
If you leave the state with your son with the intention of fleeing the jurisdiction she can and may seek and get an Order for Emergency Custody requiring that you return him. The better option is to file for custody now and attempt to get an Order allowing you to relocate with him.
How do I go about filing for Custody(How much also) and then how long does it usually take to file for an order of relocation? It is really getting bad here and I really don’t know how much more I can subject my son to her drinking and cussing. Also, do you have to live in separate residences if I file for custody? I do not have the finances to find another place to reside.
You do have to be living separate and apart from your spouse at the time suit is filed, buy you do not have to establish a residence, and may stay with a friend, provided the environment is safe and suitable for your child.
You need to file a Complaint for custody and seek a temporary hearing, which can take a month to get on the court’s calendar.
Depending on the facts and circumstances of your marriage, you may be entitled to an award of attorney’s fees incurred in pursuing custody. I would advise you to at least schedule a consultation with a lawyer to discuss the specifics of your case.