I have been with my partner for 11 years. We have an 8 year old son. We are on the verge of separating. He is refusing to move and if he does that he will take our son with him. We are both good parents and both and can financially support him. The house is in my name and I have asked him to leave. How can I keep him from taking my son and causing a seen and him away from his home. I don’t want full custody, but joint custody, but I just want to make sure he is not taken from his home abruptly until my partner can find a place to rent. Can I file for physical custody without him knowing in case he tries to take him before he finds a place and agrees to a custody schedule?
You can file a child custody action without the father knowing however, you will have to serve him with the action after it is filed. Filing a child custody action will not immediately get you a court date or a court order.
You can file an ex parte child custody action if there is a threat of harm or abuse to your son, a threat that the father may remove your son from the state of North Carolina, to provide stability in a deteriorating situation, or to preserve the status quo. Filing an ex parte custody action will result in an immediate temporary court order and a court date ten days later if the judge reviewing your Complaint determines that you have met one of these grounds for an ex parte child custody order. Ex parte means that only one party tells their side of events to the judge.