Dear butterfly:
Greetings. She may be able to file a Domestic Violence action if his behavior is threatening and she is scared of him. Otherwise, she needs to either leave with the child or file a Divorce from Bed and Board action. If he leaves with the child, she would have to file an emergency custody action, which takes more money than she wants to spend now. The key is for her to talk to an attorney NOW and get good advice specific to her situation. She will also need a strong backbone to make good decisions for herself and their baby. Best of luck to her.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668
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.