I have been married for 5 years to my husband. He adopted my son 3 years ago. Our marriage has become only about him. He is controlling and mentally and verbally abusive. We own our house together and we are both on the deed. I have come to find out that he is hiding money from me, but tells me that he is broke all the time. My question is…what rights does he have to my child, that is not biologically his? Am I allowed to take my child and move out of state without his permission? I want a divorce from my husband. I am not happy in the marriage anymore and do not know how to tell him. I am afraid that he will kick me out the house and try to keep my son. What should I do? My son and I have no where to go, if I leave the house. My husband on the other hand has places to go. Any advice on what I can do and what his rights are to my child?
I do not know what anyone else would do but I would file for a 50b. Mental and Verbal abuse is not okay and usually escalates into physical abuse. Once you got a 50 b at that time the judge could give you possession of the house…the car and stuff like that. Mental and verbal abuse is very serious. However I am not sure if you have enough for a 50b but I would sure try! The 50b will have him stay away from you and your child too and at that time the judge can address the issue of him seeing the child. atleast that is what they did here in charlotte with my ex
I can try that. I also found out that he was messaging another woman very inappropriate things a couple weeks ago and then found out he deleted said messages. I do have them on my phone. Im just afraid he will kick me out of the house and try to keep my child. He is controlling and manipulating. There are times when my child is afraid of him. I just want to know if he has any legal rights to my child.
I am not an attorney just telling you what I would do to protect myself and my child and our best interests
A restraining order could keep him away from the both of you nif there is an imminent threat or fear. This will also protect the child
Since your husband adopted your son, his rights to your son are the same as if your son was biologically his. Therefore, he could be entitled to custody or visitation. You can take your child and move out of state, but this could prompt him to file for an ex parte (emergency) custody order due to you removing the child out of the jurisdiction of the State of NC.
You can file for a domestic violence protective order if your husband has caused or attempted to cause bodily injury to your or your son, placed you in fear of imminent serious bodily injury, or placed you in fear of continued harassment which rises to such a level so as to inflict substantial emotional distress on you. If granted, your husband would likely be forced to leave the marital residence and have no contact with you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
If i do that. Would he be able to fight for custody for my child? I dont have the money to afford an attorney. He does not know that I want a divorce. Also, he has not caused bodily injury to my son or myself at this moment. Only that he has caused emotional distress, and mentally and verbal abuse. His temper changes all the time. One minute he is fine, the next minute he is in a complete tirant. I do not know what to do. He is hiding bank accounts on me and says that I cannot survive without him.
You can ask for a temporary custody award in a motion and complaint for a domestic violence protective order but you should also file a custody complaint against him as well. Your husband would be able to fight for custody of your son since he is the adoptive father.
We offer two free Webinars, Divorce Legal and 50 Divorce Tips in 50 Minutes, that you may find very helpful as you begin a separation and divorce. These webinars will give you lots of information about the divorce process and each issue within a divorce, and they are presented multiple times a week.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.