Legal Question in Family Law in North Carolina
The right thing to do, without losing rights
I want to leave my husband. He will grant me the divorce but we are having some problems on deciding who takes the kids. I want to take the kids with me when I leave, but he won't let me. I think it would be easier for them to stay with him for the time being until I get a place suitable for all of us. But I am worried about the effects that will have on the custody battle when it comes time for court. I guess my question is, what are my rights as far as a mother in order to have full custody of the kids? What are my options in order to get out of the house safely and legally without affecting my possibility of getting custody.. I don't know what to do...
1 Answer from Attorneys
Re: The right thing to do, without losing rights
You can always move for custody. Have you thought about an agreement re: joint custody with physical custody remaining in you? There are a number of options. However, you don't want to be seen as "abandoning" your children. If you allow them to remain with their father until you get settled, always express this to your children and your husband, that this is the case. I may have an cheaper solution to outright retaining an attorney at this point in time. If you are interested in obtaining access to legal advice for this and any other issues that may arise throughout your familie's lifetime without the need to pay out big bucks first. If you would like more information, please e-mail me and I will send it out to you.
Either way, I wish you good luck.
Jim Griffin
Attorney at Law
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