This is not legal advice, but don’t leave without the kids. Don’t leave the state either! Get an attorney before you discuss leaving with him. Not all people are the same, but I left with my children and went out of state. It is not over, but he has all of our marital property and even my personal property prior to the marriage. He got the kids and the house. Before the judge would even consider custody, I had to find another place to live. Until then, he had the kids and I only got visitation during the day every other weekend. Be sure you find out if the attorney will take it as far as testimony, not just between attorneys. I have been separated for over a year and a half and thus far I have never spoken to the judge. If you really decide to do this, talk it over with an attorney before you make any moves. Ask people you trust for a referral to the right attorney for your needs. Get a definitive commitment before you pay. I was married for 11 years and had no idea how ugly the man I was married to could be until I left. DO NOT ABANDON your children even for a day. Have all your ducks in a row before you make any moves. As far as the credit card, I wouldn’t worry too much. A good attorney won’t let that hurt your case for custody. Good luck!!
The credit card debt will not likely be a problem in a custody dispute.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.
I am looking for some straight advice. My husband and I are not getting along and I am thinking about separating from him. We have two children and I will never leave the house without them. I feel that if we were to ever get to the separation point, there will be no reconciliation and it will turn ugly. My husband has serious money issues. I have gotten credit cards behind his back and have used them for stuff, but I never went over the $1,000 limit. How bad is this gonna hurt me when fighting for child custody?