Abandonment is not as big of an issue as some people make it out to be. If your daughter is in danger you should leave. Protecting your daughter is the most important issue at the moment. To protect yourself you will want to ensure the rent is paid, which leaves your wife without a true claim for abandonment.
You may also want to consider getting a domestic violence protective order on behalf of your daughter, as part of the relief the court can award you possession of the home and force your wife to leave. The other option you have is to file an action for divorce from bed and board based on her behavior, the court can then order a separation and can grant you possession of the home.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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