03/22/13, 11:11 am
My husband and I are seperating, neither of us has physically left yet. I found a place and am moving in the next two weeks. We have a 6 year old son and he wants to do a week at one place and a week at another. I want to take my son with me and do weekends or something so it's easier for my son. Also, I know that I do have rights to certain things. How and when do I determine what my rights are for my son, the possessions I can take, monetary help from him and so on. Also, when do I file seperation papers? Before I leave to determine these outlined terms or after I leave? I am confused and need some direction so that I can do this properly.
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United States   |   North Carolina  |  Divorce Law
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John McNeil Says:

Apr 03,2013 10:22 AM

Unless it is a situation where you or your son's physical or emotional well-being is at risk, it is usually much better and easier to deal with the property, custody schedule, child support, and spousal support prior to moving out of the residence. Once one party moves out it can be much harder to deal with the "out of sight, out of mind" and with a child you do not want to have a tug-of-war at school. If you move out you may be forced to go to court to resolve those issues which is time consuming and expensive; another cheaper and easier option is to talk to you husband about hiring a mediator to resolve the issues and hiring someone to draft the agreement that you two reach. Separation Agreements are not filed with the court unless they are incorporated into a court order, such as a divorce decree.

John McNeil
McNeil Law Firm
226 W. Millbrook Road,Raleigh, NC 27609

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