Husband lives in WI and I live in NC


#1

My husband and I have been having marriage problems for 1 1/2 years now. He moved out and took a job in Wisconsin in April and was just here visiting this past weekend. My question is if I tell him I want a divorce, he has told me that he will take my son back with him to Wisconsin. He can’t live without me and our son. Last year I had an emergency custody order, but I ended up having it dismissed. It was dismissed because the order was for him not to remove him from the county - I asked for him to not remove him from the state. The attorney did not inform me that was the way it was going to be filed. Is there anything that I can do to prevent him from taking him?


#2

You can refuse to allow him to take the child based on his threats not to return him.


#3

How would I go about doing that? Calling the Police? He told me last night that he will drive here as soon as I tell him it’s over. I just don’t know how to stop it from happening.


#4

The police will likely not get involved as you both have equal rights to your son unless there is a court order in place.

You may want to consider filing another emergency action to obtain an order that disallows your husband from taking the child out of state.