You must prove that shes an unfit mother which is very hard to do, but she wll try to say you are a no good father. but whatever you do stay with the kids , if you leave take the kids, but if she leaves don’t let her take the kids. If she is like you say then she will let the kids go with you, but if you leave without the kids the courts will have a field day with you because her attorney will say you abanded your family, therfore you should pay child support,alimony and attorney fees, Go talk to a Attorney, but don’t leave your kids.
Greetings. In your situation, it is likely that you will need to file a claim for divorce from bed and board or simply move (close by) with the children. I would suggest that you take pictures of your house and remember that you too are responsible for the upkeep and maintenance of your home. 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.
Question? How then if both parties are currently living in the home together and one wants to leave ( both want the children). If there is no agreement on who can take the kids during the separation what do you do?
I would suggest that before anyone leaves have a notarized agreement stating things like, this is not abandonment, who will continue with the current household bills, visitation with kids and whatever else you both think is important. This might protect the both of you in the future.
I have a question about the separation process, particularly in relation to child custody.
I have been married for 12 years, and plan to get a divorce. My principle concern is child custody. My wife is not a fit mother (cannot be relied upon to take care of the children, will not see to it that they get to school, refuses to keep clean house), but will very likely fight me for custody of the children. In addition, it is difficult to get her to leave the house.
What is the process of starting the separation/divorce proceeding, and how do I insure that I get custody of the children while the separation is pending?