Legal Question in Family Law in North Carolina

My wife and I were legally separated a few months ago. The separation documents state I have to pay child support and alimony but don't outline custody or visitation rights. My wife moved out of state with our child was she legally allowed to move?


Asked on 6/08/16, 11:00 am

1 Answer from Attorneys

You weren't and aren't 'legally separated' because in North Carolina there is no such distinction - you are simply either separated or you are not. It is likely you did not have an attorney represent you when you entered into this Agreement because if you did, the issue of custody and visitation and moving out of state being absent from the agreement ought to have been brought to your attention. As to your wife moving, unless you gave consent in the Agreement or otherwise, she may have committed a few crimes. So before things get any more mucked up than they already are - go hire an attorney to represent you. Because from what I can tell from your question - you have taken what should have been a $250 flat rate fee to have a proper Separation Agreement drafted and turned it now into likely $10 to $25 thousand to fix what should have been a proper Separation Agreement.

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Answered on 6/08/16, 12:14 pm


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