Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My wife has decided to take summer hospital job in Columbia…

Customer Question
My wife has decided to...
My wife has decided to take summer hospital job in Columbia Sc. We live in Wilmington nc. She wants to take our 3 yr old son to MN. And stay with her mom for 12 weeks which I totally do not agree with and want to have him stay here and I can care for him. What can I do to stop her. We are not divorced or seperated at this point.
Submitted: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
6/3/2015
Family Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Someone in your situation would have to file for custody/visitation orders.
Without custody orders, either parent can do whatever they want with the child and are expected to work together. This of course often fails, which is why custody orders are now a standard.
EITHER party can file for custody. See here for do-it-yourself information. However, counsel is recommended.
The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this.
One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.
Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.
Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.
The visiting parent pays child support to the custodian, unless the custodian declines it - see here for an estimate. However, this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together; the Court will only impose default child support if the parties cannot agree.
Once the custody orders have been filed, it normally takes a few months to get a trial hearing. MEANWHILE, either party can ask for TEMPORARY orders for custody/visitation while the main trial hearing is pending. This may also include a request limiting her RELOCATION or TRIP out of state, unless the Court approves it.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
103,584 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,584 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Thank you for being here so fast wow, I didn't expect this.
Hello Pearl, Thank you for being here so fast wow, I didn't expect this. … read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
My son"s wife has left the state with another man, is
My son"s wife has left the state with another man, is engaged to that man, and is pregnant by that man. This the just the latest in her strange behaviors. My son and his wife have two children togethe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,856 satisfied customers
My husband currently has a court order where he can get his
My husband currently has a court order where he can get his son during holidays and the summer. Now that summer is coming to an end, he just received a call from his ex wife's uncle informing us that … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
My fiance (Dad) has a custody arrangement with his daughter
hello, my fiance (Dad) has a custody arrangement with his daughter post divorce. Wisconsin maintains jurisdiction. Mom has moved to New York with new husband. Dad and I live in MN. daughter is brought… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,446 satisfied customers
My husband is the father to a 16 year old son, Colby.
My husband is the father to a 16 year old son, Colby. -Colby, mom, and dad resided as intact family (married) in NC until 2005. (Dad joined the military and moved out of state) -Dad had an order to pa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm located in Columbia, SC and my county is Richland
I'm located in Columbia, SC and my county is Richland County. I currently pay child support, and the amount has increased because my daughter's mom decided to put my daughter in after school care so s… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
My son has joint custody of his 12 yr old son with his ex wife.
my son has joint custody of his 12 yr old son with his ex wife. the divorce decree was modified in july 2009, and he was given his son full time except for weekend visits, alternating holiday visits a… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I audio taped my wife allowing our 13 yr old to smoke marijuana,
I audio taped my wife allowing our 13 yr old to smoke marijuana, buying from a 25 yr old military.is this an abuse issue I can bring up in divorce court, play the tape or not?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
My 19 year old son got married at a Las Vegas wedding chapel
My 19 year old son got married at a Las Vegas wedding chapel last summer, to a 20 year old woman he had only known on-line. They spent a week together. That is the extent of their relationship. His da… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and her mother put our two sons, age 10 and 6 in our
My wife and her mother put our two sons, age 10 and 6 in our only car yesterday while I was inside our apartment and drove across the state line from NC to SC where she had without my knowledge or our… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
My ex is bipolar and under psychiatric care and anger management.
My ex is bipolar and under psychiatric care and anger management. I left her and filed a restraining order on her 3 separate times she stipulated to 2 of them. % yrs ago i had custody. But she got cus… read more
Zoey, JD
Zoey, JD
Doctoral Degree
210 satisfied customers
My daughter wants me to adopt her daughter. How does this
My daughter wants me to adopt her daughter. How long does this takes? How much does it cost? I am in the military and about to PCS (move) so I am in a time crunch. I am in Japan. She is in the U.S. cu… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I am 66 yrs of age, my wife is 57 yrs old. We have 8 children, 5 are grown, 3 are still mi
I am 66 yrs of age, my wife is 57 yrs old. We have 8 children, 5 are grown, 3 are still minors. All children are from my wife and me. I have decided that it would be in the best interest of the family… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
My wife has abandoned me for the last 2 months and is now forcing
My wife has abandoned me for the last 2 months and is now forcing a legal seperation through her lawyer in North Carolina. We are both indian citizens and our marriage happened in India. I am here on … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife moved back to her hometown in South Dakota last year
My wife moved back to her hometown in South Dakota last year with my kids while we were still married. After being unable to reconcile we got divorced in South Dakota. We have joint physical and legal… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I live in NC. My wife and I have a son who is almost 3 years
I live in NC. My wife and I have a son who is almost 3 years old. We are not seperated or divorced, but my wife is in a residential 12 week program in Georgia and has told me that she wants a divorce.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
If my wife refuses to sign our seperation agreement what can
If my wife refuses to sign our seperation agreement what can i do to get divorced? I am in the state of NC, but am in the military, and am a resident of Tx. My seperation papers will be completed on A… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
divorce is being filed in texas, grounds of adultery, alienation
divorce is being filed in texas, grounds of adultery, alienation of affection, mental & emotional cruelty. seperated currently 10 yr old son lives with her, 19 & 17 yr olds live with him, right now 10… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x