Legal Question in Family Law in North Carolina
separation
My daughter's husband said he is moving to a new apt. with the baby and Without her.� Is this possible?
2 Answers from Attorneys
Re: separation
If in NC, sure it is possible.
Depending on the facts of the case, mom may need to file a Custody Complaint and ask for an Ex-Parte Emergency Child Custody Order or simply a Custody Complaint.
Use the NC Bar Service and see a NC Attorney ASAP! See https://www.ncbar.org/public/lrs/search.aspx
In the alternative, use our web-based Virtual Law Office at www.RiceFamilyLaw.com and we can help (if in NC) with the paperwork.
No Attorney-Client relationship is formed through the use of this clinic like service.
Re: separation
In SC, when the parents are married to each other, they have equal rights to the child until and unless the Court says otherwise. He can try to take the child, and she can try to prevent him from doing so. The best solution is to have the Court address these issues a.s.a.p.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens