Thanks for your question.
You may choose to leave here with your son.You may file for divorce and see if the court would award you the house if you want.
It sounds to me like your husband here has lost interest in you and the marriage and his child.
You may seek spousal and child support and custody in this situation in a divorce.You will need a lawyer to do so.
I woudl quietly go do a lawyer consult.Also if there are joint funds here you may want to take out your share while you can access them.
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Reference to property law
Property that is acquired during marriage by one or both spouses, and owned on the date of separation, may be defined as marital property subject to the equitable distribution law of North Carolina. Excluded, however, from the definition of marital property are gifts and inheritances, received by one spouse only, from third parties, whether such property is acquired during the marriage or not. Such gifts and inheritances are that spouse’s separate property and do not get divided with the other spouse. Gifts from one spouse to the other spouse during the marriage, on the other hand, are presumed to be gifts to the marital unit. Property owned by either party prior to marriage is that party’s separate property, provided that it is not gifted to the marital unit.
Equitable distribution law presumes, further, that an equal (50/50) division of the marital property will be equitable. Most judges in this state favor awarding each party fifty percent of the marital property, unless certain factors make a good case for an unequal distribution. Unequal distributions come in all percentages, from 51.2% / 48.8 % to 95% / 5%, for example. The standard court case, however, results in an even 50/50 split of the property. The typical negotiated settlement on marital property also tends to be quite close to a 50/50 division, unless the spouses can agree to a different allocation. In a negotiated settlement, any ratio is permitted. The real question is what percentages the parties can agree to.
“Property” includes both assets and debts. All assets and debts acquired during the marriage, and owned on the date of separation, are valued as of the date of separation in North Carolina for purposes of calculating the net value of the marital estate. If the net value of the marital property is $100,000, applying the 50/50 presumption leads to each spouse’s receiving property worth a total of $50,000. If, on the other hand, the marital property has a negative net value of, say, minus $20,000 because of large debts that outweigh the spouses’ positive assets, then applying the presumption leads to each spouse’s receiving property worth a total of negative $10,000.
There are a number of so-called “equitable distribution factors” in our equitable distribution statute that can justify a judge’s unequal (non-50/50) distribution of marital property. Such factors include one spouse’s health, income-earning potential, need to reside in the marital home with the children of the marriage, a spouse’s business or unvested pension interests, and similar economic factors. Fault is not relevant in an equitable distribution proceeding, except to the extent that marital misconduct has had an economic impact on the marital estate. Where the equitable distribution factors make it equitable for one spouse to receive more (or less) than 50% of the net marital estate, a court’s award would be unequal, that is other than 50/50. Because, however, the vast majority of cases lack facts that weigh in favor of an unequal distribution, many litigated cases and most equitable distribution cases that settle result in each partner’s receiving half of the property.
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Ok, here are a few questions:
First, I do not want my son around his dad unsupervised. My husband threatens daily to drop my child off over there or take him over there without me. If he does this, what can I do? What are my rights?
I also would like to put a stop to the illegal activity happening. How can I do that? If I went to court, to your knowledge what kind of custody situation do you think would take place?
Also, his parents go out and eat with us or visit once a week. Is that sufficient for grandparent rights? What are grandparent rights?
Also, some days he says he will force me to put my son in daycare because it isn't fair my mom sees our son more than his. I've told him, I don't want to do that. That is ridiculous. Can he force me to do that?
I am also a breastfeeding mom. How does that work with the custody issue as well?
First, I do not want my son around his dad unsupervised. My husband threatens daily to drop my child off over there or take him over there without me. If he does this, what can I do? What are my rights--you can take that up with the judge based on the facts you have.
I also would like to put a stop to the illegal activity happening. How can I do that? If I went to court, to your knowledge what kind of custody situation do you think would take place?I think the father will get some visitation here--young child so supervised here or at least for a few hours at the most since its baby and breastfed.
I do not believe the court would force a baby into child care if there are legitimate options elsewhere.
Likely the court awards joint legal here and you get primary physical custody and father gets some type of visitation to be determined by the court.This is likely to be less than overnight because baby is breastfed.thats actually a real factor for you in the divorce and visitation here.I do wish you the best with all of this.Take it one day at a time and keep your chin up.
Thank you! I'm struggling. One last thing. If my husband takes my child over to his parents house without my permission/knowledge (which I know he has the right to do). Do I have the right to go pick the baby up even if my husband is there? Can he stop me? If he tries to stop me, do I have the authority to call the police?
I hope you can answer my questions.
You have joint custody rights.That means you can go and try to pick up the child.I guess I am thinking the better plan here is to not let child out of your site until divorce has been filed.It is possible for him to decide not to return the child.You are sort of in legal no mans land without any custody and visitation orders.So it is a potential problem if you let him take child and they will not return it to you.
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