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  1. #1
    lizlevasa is offline Junior Member
    Join Date
    Feb 2009
    Location
    Fayetteville NC
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    Unhappy Can my husband take my son away from me?

    North Carolina

    I have physical custody of my child but cannot obtain legal custody due to the costs of an attorney . My husband and I do not live together and have been seperated (not legally) since August of last year. He is on the birth certificate. He has a good job on a military base and makes good money there but refususes to pay child support until the order is in place and is just very upset that I have to file for child support at all. He doesnt think I should. I am currently living with my parents. I had a job but I had to quit because I do not have a liscense and I couldnt afford childcare on the amount of money I was making. I am currently a student in an online college and I am searching for a better job and plan to obtain help from the local social services for childcare. I am just wondering if I were to want to move to another state would my husband be able to fight me for custody of our son and win? Would they think his job makes him a better choice of parent? Could I lose my child because he has a better job? I plan to get a job soon but it wont be as well paying as his job for sure. He got lucky and knew some people and got a good job. I am in college and am working towards getting a good job but it is going to take me awhile to finish school. He says he wont take him away as long as I stay in this state but he isnt helping me with money and he only takes him every other weekend. I want to move out of this state and away from the area completely. I have told him that if I do move that it will not be with a man and that he will have definite visitation. I offered to let him have the baby once a month and that I would meet halfway to trade off. He refuses and says that if he even thinks that I am leaving then he will take the baby away and that he will win because he has a better job and a car and a liscense. I am afraid to drive so I ever got my liscense or a car. I dont kow if I ever will. My children are healthy and well taken care of.
    Last edited by lizlevasa; 02-23-2009 at 06:14 PM.
  2. #2
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
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    52,619
    Do you have a child or children? The amount some one makes is NOT the deciding factor in custody. HOWEVER, if you want to move to another state then your hubby can fight you for custody and win. It depends on a variety of different factors. BOTH OF YOU have equal rights to custody at this juncture.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
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    53,244
    Quote Originally Posted by lizlevasa View Post
    I am just wondering if I were to want to move to another state would my husband be able to fight me for custody of our son and win? Would they think his job makes him a better choice of parent? Could I lose my child because he has a better job?
    No, he might be able to get custody of his child because the mother of the child plans to leave the state, thus making it difficult for him to exercise his right parent his child.

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