What Can I Do If My Spouse is Threatening to Take Our Kids During a Divorce?

At Waple & Houk, PLLC, our Charlotte divorce attorneys know that ending a marriage comes with inevitable disagreements. This is especially true when the North Carolina divorce in question is contested by one or both parties, including disputes regarding the critical decision of how they will share custody of their children.

When tensions are running high during a divorce, whether it is from the ongoing and inherent stress and anxiety that occurs during the legal journey, or from years of differences, spouses often begin making threats and accusations about how the process will unfold. When they share children, the parties know child custody is going to be a significant pain point for each party.

While experiencing threats regarding who will get custody of the children can be very stressful and frightening, our Mecklenburg County family law attorneys want our clients to know that their spouse’s threats to “take” the children are just that — threats. We can help you understand your legal rights and options, so you know how the North Carolina laws apply to your unique family dynamics and overall divorce proceedings.

What are the Most Common Types of Child Custody Threats During a North Carolina Divorce?

If your spouse is threatening to take the kids away during your North Carolina divorce, there is a good chance that he or she is worried about how the custody situation is going to unfold.

Often, one spouse will use the children and threats of “taking” them as a defense mechanism, projecting fear onto the other parent by stating:

• “I will tell the judge ____ and will get full custody of the kids!”

Child custody threats are extremely common, and usually unfounded. Unless there are proven reasons, supported by actual evidence, that you cannot take care of your children, exposing personal details about your life to the court is typically irrelevant and has no bearing on your ability to raise your children in a safe and loving environment.

• “I will make sure you never see the kids again.”

The North Carolina family courts follow the letter of the law when it comes to child custody decisions and will always focus on the best interests of the children when determining how the parents split their time. This typically means dividing their time equally between both parents. Threatening to withhold the children from the other parent — with obvious exceptions of proven child abuse or other dangerous conditions — will only hurt the aggressive parent’s case.

The courts want the parents to foster a positive relationship between their kids and the other parent. Being hostile may, in the end, be detrimental to the bullying parent’s position.

• “I’m going to fight to the end.”

Threatening a spouse that the divorce will be “a fight to the end” is often an attempt to scare the other spouse. The “I won’t back down” attitude can be countered by how North Carolina child custody laws apply to your divorce, so we can help put an end to the personal attacks, and allow you to move forward with your new life with confidence.

Contact Our Experienced Divorce Attorneys in Charlotte, North Carolina Today

Our skilled Charlotte divorce attorney recognizes all common tactics used to draw out a case and can push forward to trial, so you can get your life back. We will also ensure you are aware of your legal rights and options, so you can get the peace of mind you need to move forward without constantly fearing the unknown.

Contact our North Carolina family law attorneys today at (704) 480-3899 or schedule a consultation online to learn more about how we can help you pursue the best outcome for both you and your children today.