Legal Question in Family Law in North Carolina
My wife and I are separated by her choice. We have been for about 2 months. We had been just exchanging my step son and our daughter back and forth on about equal times. Today I was supposed to pick up my daughter and found out my wife had already taken them out of school and refuses to talk to me. Can she legally just take my kid and refuse any contact? I am not the one who cheated, she is.
1 Answer from Attorneys
It does not matter who cheated when it comes to child custody unless you are attempting to get custody and want to prove that she is an unfit parent.
Is there a custody order or agreement in place? If there is, then seek to enforce it. If not, then the rule is that either parent has the right to care, custody and control of the child.
My guess is is that there is no order. While fighting is very unfortunate, if your wife will not talk to you, then you will have to get a family law attorney in the county where the children have resided for the prior 6 months and file a custody/visitation action.
Be prepared to spend a lot of cash.
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