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Wife/Child Abandonment

Discussion in 'Alimony & Spousal Support' started by mwarner, Mar 14, 2009.

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  1. mwarner

    mwarner Law Topic Starter New Member

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    My jurisdiction is: NC

    Husband is leaving wife of 7 years. Husband currently works 2 jobs. Wife hasn't worked since Nov '08 (realtor that was fired). Both made the same amount of income in '08. Husband will only be taking his personal belongings. There is a child involved. Husband will seek custody of child, but will not be able to take him with him when he first leaves. Will this be considered wife/child abandonment if he leaves since she is not earning an income. Note: wife is having an affair.
     
  2. irish223

    irish223 Moderator

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    Possibly. The husband has an obligation to continue to provide support to his wife and child. If he doesn't, then he can be charged with abandonment.

    If husband leaves child in care of mother, husband may have a difficult time regaining custody.

    Husband really should not leave the marital home.

    Adultery, if it can be proven, is grounds for divorce in NC.
     
  3. Green_Hornet

    Green_Hornet New Member

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    Hey Irish 223 long time no see.
     
  4. irish223

    irish223 Moderator

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    Yeah, where've you been?
     
  5. Green_Hornet

    Green_Hornet New Member

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    A walkabout.
     
  6. irish223

    irish223 Moderator

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    Huh?? Like the Aborigines or the RHCP? At any rate, welcome back!
     
  7. Duranie

    Duranie Moderator

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    If you leave your child with the wife that will hurt your chances for custody.Why don't u take child with you? If you are not moving far then you have rights to the child. Alo keep in mind that just because your wife is having an afair does not mean she will not get custody. She has been the primary caregiver it sounds like. You might wind up paying her legal fees if she has to get an attorney. Can you 2 try to work something out?
     
  8. mwarner

    mwarner Law Topic Starter New Member

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    I know that having an affair will not play into the child custody issue. Would she be entitled to alimony since she isn't working? If so, wouldn't the fact that she's having an affair take away that chance for alimony?
     
  9. irish223

    irish223 Moderator

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    She may be entitled to alimony, but the adultery can be a factor in determining the award, IF you can prove it.

    Why don't you file for divorce, and ask for custody and the house instead of leaving? IMO, that's a better course of action for you.
     

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