Help please

Dear mtnmom:

Greetings. No, neither of you can force the other one out without the court’s authority. If he changes the locks, you can just have the police help you get back in and vice-a-versa. No, you are not giving away any rights by leaving for the weekend. The court, if it goes that far, will look at all facts that you place in front of the judge that deals with the children. Thank you.

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


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.

OK…I need advice. I have caught my husband having internet affairs, trolling for sex online etc, 4 times now. I’ve had it!! We have 2 children together. I have 3 from a previous marriage. I can legally take half the money from our tax refunds right? Our federal came in today and I planned to go ahead and transfer enough into an account with just my name to cover half the federal and half the state (which hasn’t come in yet). I am doing this for fear that he will take it all!!

Second, I had thought about leaving with the kids for the weekend and leaving him a letter behind telling him that we are over and he needs to leave. He doesn’t know I’ve found out about his latest online actions. Can he lock me out or vice versa? Am I giving away any rights by leaving for the weekend?

And last, he has always threatened that if I left him he would take our 2 little ones from me. I have always been a SAHM to them and my other children. He gave up parental rights to his 2 children from a previous marriage so that he woudn’t have to deal with his ex any more. Will the court look at that at all? Basically, does he have a shot at taking the kids?