Separation issues

Dear jerryman:

Greetings. It is unlikely that you will have full custody, but you could try. No, I doubt that your wife will have full custody either, and she cannot permanently take your daughter away from you. Talk to an attorney - as an issue as big as your daughter should not be something you wait on. 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.

My wife told me that she wanted to leave because she didn’t love me the way a wife should love a husband. We have a two year old daughter that means the world to both of us. We only went through two sessions of marriage counseling before she dumped me (in the parking lot), and the counselor advised us both that she is or could be depressed. In the last year or so her job (and her boss) have come between us. He calls for personal reasons, gives her money when she says we can’t afford something, etc. I am going to an attorney today to check on my obligations. She has already packed and left, and has told me that she wants me to keep the house. Her car is in my name, her credit is so bad that she can’t get a checking account. She calls me everyday. Right now my daughter is flip flopping back and forth everday between the two of us. I want what is best for her, but I don’t want to take her from her mom. At the same time I don’t want her mom to take her from me. I feel as if I am the more active parent. Her mom can’t afford to live in a place where my daughter has her own room, and I can. Right now she is sleeping in the bed with her mom and getting upset when I put her in her own bed/room when she stays with me. What do I need to do in all aspects? Can I have full custody? Can her mom legally take her away from me even if I am the primary caregiver when my daughter and my wife are home? The fact that I still love and want to be with my wife are keeping me from making good choices in what I should do because I don’t want to ruin ANY chance that we can be a family again… for my daughter.