Ilovemyboys wrote:According to my attorney, since I still pay the bills, I have not abandoned the family. My wife has changed the locks and any attempt for me to regain access to the house is considered Domestic Trespassing here in NC according to her attorney (and mine).
Per NC statute, you may have screwed yourself by moving out and establishing another residence. You will need a court order or a written agreement to allow you to move back into your
As has been stated already, you are allowing your STBX to establish the status quo with regard to your
children. At this point, without a seperation agreement or custody agreement, you both have equal rights to see your children (she cannot control your children). Make sure to aquire an MP3 recorder, NC is a single party state, and then go to school and pick up your children. Enjoy your time together. You STBX can < edited > and moan and call the police, but without that piece of paper, they really cannot do anything.
Be aware that her strategy may change after this (ie she will get to school first, etc) event. Find a good lawyer and develop an effective stategy to get the most time with your children. Don't forget you can still be involved with your kids. Go to school and have lunch with them, mine loved this. Be a coach on one of their teams. Spend as much time with them as you can and make sure to document what you are doing to be a great Dad. And make sure that recorder is running any time your STBX is around.
Read the LIST!
§ GS 14‑134.3. Domestic criminal trespass.
(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:
(1) A judicial order of separation;
(2) A court order directing the person charged to stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or
(4) Separate places of residence for the complainant and the person charged.
Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.
(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense. (1979, c. 561, s. 2; 1993, c. 539, s. 76; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑212, s. 17.19(a).)