Leaving with my son?HELP


#1
quote:
[i]Originally posted by Danluke78[/i] [br]I caught my wife cheating on me with a guy in California. I have filed for separation, but she is planning on leaving in two weeks to live with him and start a new job over there? My problem (one of them) is she going to try and take my son with her???? I am a good father and husband. I have been keeping a journal daily. I do EVERYTHING for him. What can I do to stop this!!! She is threatening me with "If you fight me for or son I will take everything??" how can she do this if I didn

#2

If you have a separation agreement filed with the courts then you need to check to see what that says about custody. Get a recorder on your telephone to record these “threats”. File a motion with the courts to keep your son in NC. I know that this can be done so that there can be visitations. I do not know the legal steps to take but the first thing to do is to contact a lawyer, a good one if you can afford them so that this plan can be halted until something can be settled.


#3

Contact an attorney to file an “ExParte Custody Order”… we just had one of these used against us in our custody issues. It’s an emergency custody order, if you have solid proof that your wife intends to leave the state with your son, you can do this to block her from doing so until you all can go before the judge and work out a custody plan.


#4

Dear Danuluke78:

Greetings. Actually, you need a preliminary injunction. Good luck.

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

ROSEN.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.


#5

I caught my wife cheating on me with a guy in California. I have filed for separation, but she is planning on leaving in two weeks to live with him and start a new job over there? My problem (one of them) is she going to try and take my son with her??? I am a good father and husband. I have been keeping a journal daily. I do EVERYTHING for him. What can I do to stop this!!! She is threatening me with “If you fight me for or son I will take everything??” how can she do this if I didn