Spouse leaving state?


Dear vicillin:

Greetings. If you have a separation agreement that is complete, you do not need a non-abandonment agreement. If you do not have a separation agreement, then you are likely to need a non-abandonment agreement.

You need to write your wife a letter and keep a copy that you don’t sanction the children leaving and tell her why it is important to you that the children remain in NC. Also, you can file a child custody claim if she leaves with the children. 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

10925 David Taylor Drive, Suite 100
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.


Hi I need to know if I get a non abandonment and seperation agreement before I leave and my spouse takes the children back to her home state(Ohio) what can I do? What do I need to do before I leave to insure that she can’t leave with our 2 children? I’ve offered her the house and support but she claims that she will go back home if I leave. Thanks!