Spouse leaving state


#1

Dear Geronimo502:

Greetings. Yes, your wife can take the children without your agreement to Alabama. Without an agreement or court order, you both have equal rights to the children. This would not be “kidnapping.”

My suggestion though is to retain an attorney and immediately set up a strategy on how to keep the children in NC. I would imagine that teenagers do not want to leave their friends, etc. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
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.


#2

I left and went to another state to live w/family because of the violent situation i was in…I also took my child and I have filed for divorce. I just hope you don’t do what my stbx is doing!

Just make sure you pay her child support and COMMUNICATE with her and make it a nice friendly thing for the kids sake! PLEASE! or your children will grow up hating you.

Good luck.

No one wins in divorce only the Lawyers do!


#3

Dear DivorceSucks:

I seriously doubt that the attorneys win. Usually our clients see us as knights in shining armor and expect miracles, when we can only perform “practical magic.” Yes, we attorneys get paid to represent parties going through the process of divorce, but it is not fun or they would not call it work. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
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.


#4

My spouse is wanting to leave me and take the kids to her father’s home in Alabama. Can she take our children, ages 16 and 13, without me agreeing for her to do so?