husband won’t leave. Can I leave with the kids?

We don’t get along. I want to sell the house so we can get separated and have some funds to get new places. He doesn’t want to sell the house and he doesn’t want to leave. I stay at home with the kids, 2 and 1 years old. Can I leave with the kids and file for formal separation with an attorney? I have been told that I can not leave. That he will call the cops and get the kids returned to their home.

Asked on May 21, 2009 under Family Law, North Carolina

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No you cannot pick up and leave because it is true that the children will be forced to return

If you want to divorce or separate you need to see a matrimonial attorney asap to get the paperwork filed. Unfortunately until the paperwork is handled the the process gets underway you are not legally allowed to pick up and leave. You of course can if you desire although there are many negative implications if a spouse leaves prior to the separation or divorce but the kids are definitely not able to be taken legally

So i advise you start this proceeding right away to ensure that you do not have to live in a situation you are uncomfortable with any longer than necessary


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.