Wife left leaving her kids with husband

[Blacky62]

What is the name of your state (only U.S. law)? North Carolina. My sister-in-law packed up her belongs and left her husband and kids. She claims she fell out of love with him and doesn't want to be with him any longer. Since she left her kids with him, he'd like to know what he has to do. And he'd like to know that if she comes back to get them for a visit, does she have to stay in North Carolina or can she go over state lines with them.

 

[mistoffolees]

He needs to file for divorce and ask the court for temporary custody of the kids and possession of the house on the basis of her abandonment. And do it NOW. If she comes back and decides to move back in, he can't stop her and his argument for custody becomes weaker.

If he doesn't do anything, she can take the kids across state line. If he files for divorce and asks for custody, he can (and should) also ask for an order that the kids not be taken across state lines.

 

[Proserpina]

He needs to file for divorce and ask the court for temporary custody of the kids and possession of the house on the basis of her abandonment. And do it NOW. If she comes back and decides to move back in, he can't stop her and his argument for custody becomes weaker.

If he doesn't do anything, she can take the kids across state line. If he files for divorce and asks for custody, he can (and should) also ask for an order that the kids not be taken across state lines.

Hold up on the "abandonment" issue - OP, exactly WHEN did this take place?

 

[mistoffolees]

Hold up on the "abandonment" issue - OP, exactly WHEN did this take place?

Yes, you're right. "Abandonment" depends on the circumstances. However, when I read "she packed her belongings and left", I assumed that it was for good.

 

[Proserpina]

Yes, you're right. "Abandonment" depends on the circumstances. However, when I read "she packed her belongings and left", I assumed that it was for good.

Yeap! But if it was only last week...abandonment may not fly.

 

[futuredust]

How about just filing for divorce and requesting temporary custody and possession of the marital home because that is where he and the children reside.There is no need to toss the word abandonment into the equation, at this point. He needs to secure the residence and the children so they are not removed out of their normal routine.

Regarding removal from the state, OP do you live in a border town/city? Does your wife have significant ties to a state just over the border, where she may have relocated to?

 

[mistoffolees]

How about just filing for divorce and requesting temporary custody and possession of the marital home because that is where he and the children reside.There is no need to toss the word abandonment into the equation, at this point. He needs to secure the residence and the children so they are not removed out of their normal routine.

Exactly. That's essentially what I suggested. Whether it is legally abandonment or not is irrelevant. The relevant facts are:
1. He wants a divorce.
2. The wife voluntarily left the house and left the kids with him (of course, the longer she has been gone, the more relevant this becomes).
3. He wants custody of the kids and possession of the house.

Under that scenario, his odds of getting temporary custody and possession of the house is pretty good, and the longer she has been gone, the better his odds.