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SoloLawyer
SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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My wife and I are still married, not separated. She has a

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My wife and I are still married, not separated. She has a history of staying out late, leaving me with our 1 yo daughter. Last night, she did not come home, nor did she respond to my texts asking where she was / when she would be home. My daughter stayed at the grand parents this night. Wife got home with a hang-over about 7am, I went over to my parents with my daughter, asking my wife to sleep off the hang-over. She said she was leaving me, came over to my parents, demanding the daughter, at which point I denied her access due to her anger and condition. She assaulted me (punched me). I called the police and made a domestic violence report, but did not yet file charges. I am afraid to take the baby home now because I know she will flee with her, or possibly assault me again, but I realize that the mother has rights too. Question: How long can I keep our daughter at the grandparents (I stay here too) before she can file some sort of kidnapping charges? We are in Wilmington NC, and the grandparents live next door.
Submitted: 1 year ago.
Category: Family Law
Expert:  SoloLawyer replied 1 year ago.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

Your wife can not file kidnapping charges. You are married and you have custody of the child (just like she does). This means that when the child is in your care, you can do with her as you please (as long as she isn't in danger, obviously). If you take the baby to her, you know you will not see her again until the Court orders something. At this point, it is probably best to keep her with you until you can figure out exactly what you're going to do.

Customer:

Ok. I am wondering if, to protect myself and future rights if I should file charges today (the incident happened this AM). She assaulted me a week ago and is very angry. I am pretty sure this will lead to separation and I will seek primary custody. Are there any down sides to filing charges and having her arrested to get her out of the home for the time being until I can get to court on Monday?

SoloLawyer :

I don't see any downsides. Filing the charges will most likely help you in the divorce process because it will show she is violent.

SoloLawyer :

However, you have plenty of time to file the charges, you don't have to file them today.

Customer:

Right. I feel bad. There is a domestic violence field contact report taken today. Not that I want her to go to jail, but is the report enough to make my case or do I have to file the charge? If I file the charge, I assume this will trigger court dates and legal action in addition to separation and divorce proceedings?

Customer:

BTW, how long do I have to file charges?

Customer:

Right. I feel bad. There is a domestic violence field contact report taken today. Not that I want her to go to jail, but is the report enough to make my case or do I have to file the charge? If I file the charge, I assume this will trigger court dates and legal action in addition to separation and divorce proceedings?





3:10 PM



BTW, how long do I have to file charges?



SoloLawyer :

Sorry, I was kicked off.

SoloLawyer :

You have to file charges for the case to move forward. Yes, this would be a totally separate action from the divorce that she would have to face. She would be charged with assault and would have to either plea guilty or defend herself.

Customer:

How long do I have to file charges?

SoloLawyer :

At least two years.

Customer:

ok. sounds like a long time. I assume the courts would take the charges more seriously if filed sooner than later?

SoloLawyer :

No. But it may be harder to gather evidence. The sooner, the better.

Customer:

ok, One more question: If I don't go home for a couple days, can I get charged with abandonment?

SoloLawyer :

No.

SoloLawyer :

Most of the time during a divorce, one of the parties leaves the residence. Abandonment is a fault-based ground for divorce that occurs after 1 year of abandonment.

Customer:

Thanks

SoloLawyer :

No problem. If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
SoloLawyer and 2 other Family Law Specialists are ready to help you

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