Murfreesboro, NC asked in Child Custody for North Carolina

Q: I am currently separated (2 children of the marriage and 1 not of the marriage) since October 2019.

I asked my husband for a separation several times throughout the course of a yr he always told me no, we needed to work on it. He finally told me that he was NOT leaving the house (we rent) that if I wanted out I would have to leave. I couldn't take it anymore, so I finally packed up told our children and left on a Monday. I took my 16 yr old daughter with me, my 7 yr old wanted to go with me, but I needed to get things set up and I was coming back to get her that weekend. I did speak with my children throughout the week and saw them that weekend. He is saying that he has spoken with an attorney, he is gonna "get me" for abandonment and he is filing for full custody. He has refused to go along with any visitation schedule that I have presented to him (4 in total) where we both share equal time with our children. He "offered" me 8 days a month, with one of those being a 1/2 day and one of them being a school day. There is no current schedule. I have to ask to see them. What do I do?

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1 Lawyer Answer
Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: So sorry to hear of your situation. You need to file for custody. I would not worry about claims of abandonment as the law recognizes the need to separate.

Consult an experienced family law attorney to review your matter and address your concerns.

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