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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8950
Experience:  Experienced Family Law Attorney
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I live in North Carolina. My wife and I now separated. We

Customer Question

I live in North Carolina. My wife and I now separated. We still live together. I am out of town for work a lot. When I am out of town she is allowed to live there. When I get back in town, she has to go live with her boyfriend. We have a 9 year old son. Recently, I have started seeing someone. I am wanting to move in with her and have my son move in with me .I would be moving 20 miles away. My wife is Bi polar and has been arrested for assault in front of my son. She has serious anger issues. So, basically my question is. Am I leagally allowed to have my son move in with me?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. Are there any temporary orders re: child custody and visitation?
Customer: replied 1 year ago.
no she watches him when I am out of town. I watch him when I get home
Expert:  LegalGems replied 1 year ago.
OK; thank you for that information. Each parent has equal rights to the child until the court makes specific orders re: custody and visitation. It is best to get these orders (temporary orders while the divorce is pending) as law enforcement will not get involved in child custody disputes unless there is a valid court order (or there is evidence of child abuse/neglect).
Here is information on the process and explanation of terms: http://www.ncbar.org/media/209956/child-custody-visitation-and-child-support.pdf
If the other parent agrees, then they can make a written agreement - a stipulation- which the judge will use and incorporate into the order.
Here is the packet for requesting custody: http://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/CEEB8B8B-1528-4A8C-97F0-59062E8A02AB/custodypacket-parent.pdf
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Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
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