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North Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law for North Carolina on
Q: i have a 15yo son whose father was removed in 2021 from visitation and his grandmother was then placed as an intervenor

his father has corrected his actions and i would like to have him as the one who gets visitation with his son, how do i have the grandmother removed and the father listed as the rights to visitation

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Is it a conflict of interest if my husband's divorce/custody lawyer is married to our child's current school teacher?

Is it an issue worth pursuing to have the lawyer removed from the case? My husband's lawyer's wife is our daughter's current teacher and has been privy to information from myself and from our daughter regarding our upcoming separation and would be a potential witness in a custody case.

0 Answers | Asked in Family Law, Land Use & Zoning and Real Estate Law for North Carolina on
Q: While I was in prison my father passed away and his land was left to the heirs which was me my brother and sister

My sister signed her part over but my brother black mailed me into signing my part over with the threat of him not paying the taxes and letting the irs take it and my grandmother having to move her home can I take him to court and get it back

0 Answers | Asked in Family Law for North Carolina on
Q: my ex moved out of town and has been for almost 3 years, could I fight to keep my son in the school he is in now?

I moved to a different city, when I was going through a custody battle. My ex decided to move to the same town and my son has been going to school here for 3 years. She moved 1.5 hours away( from current town) and waited almost 2 years to want him to go to school where she lives. the only reason... View More

0 Answers | Asked in Family Law and Civil Rights for North Carolina on
Q: Whats the law for removing children in nc by cps as far as warrants sign and present Also what is the scope legal powers

I was informed I was not able to display a certain characteristic to be fit if I didn't display it she would make sure complete case plan or not I " could build it they won't come" I also had a personal kinship placement they had put my eldest with but refused to give her my... View More

0 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I have a long question, I have been married for 24 years and I told him I needed space and he left for a month and came

back home even though I said I still wasn't ready and that was a year ago. I have been on couch for a year and I need to get out of this marriage! He is telling my 15 year old that he is going to stay in our house with her and my other daughter and I would be the one leaving because he pays... View More

0 Answers | Asked in Family Law and Elder Law for North Carolina on
Q: Why shouldn't I have gotten guardian ship of my husband I wasn't in a nursing home then

I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Why shouldn't I have gotten guardian ship of my husband I wasn't in a nursing home then

I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More

Ethan A. Trice
Ethan A. Trice
answered on Apr 20, 2024

It isn't possible to answer with any degree of specificity why you were not granted guardianship without seeing the court file. This is a situation where you need to schedule an appointment with an attorney with the paperwork you have.

0 Answers | Asked in Family Law for North Carolina on
Q: How do I file an agreed-upon parenting plan with the court?

I have read the Legal Aid packet about filing for custody, but it seems geared to when an agreement has not been reached. We have agreed and drawn up a parenting plan document. What do I need to do to/what forms do I need to file this plan with the court so that it has legal backing?

0 Answers | Asked in Family Law for North Carolina on
Q: I am in a wheelchair and have one leg and one eye and an incurable bone infection I have to have a around the clock care

My friend is my caregiver I privately pay her I have to have constant care and everyone else is out of my price range with that being said can that get her probation officer to not have her do her 3 days for breaking her probation for failing a drug trst

1 Answer | Asked in Federal Crimes, Juvenile Law and Family Law for North Carolina on
Q: I’m 16 and my girlfriend is 21. We have a baby on the way. Can i put my name on the birth certificate?

She’s scared to put my name on the birth certificate because she doesn’t want to get in trouble, will we be able to put my name on the birth certificate?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I strongly advise you both to consult with an attorney to understand the potential criminal implications and your legal options in this very serious situation, especially with a baby on the way. You may also want to seek guidance and support from trusted adults, like parents or counselors.... View More

0 Answers | Asked in Family Law and Libel & Slander for North Carolina on
Q: Do you think it's possible that I could sue my husband's sister for slander and for taking his cell phone from him

His sister is telling right out lies on me and she's knowing that they are lies and she also stole 2 of my husband's cell phones I bought him

0 Answers | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship from my husband's brother and sister and have him moved to

A nursing home with me in Virginia he's currently in a nursing home in NC i am the one who took care of him when he was at home his family never came around unless they wanted something and i have witnesses who can testify to that

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: I want to sell my house and am married. I have tried serving divorce papers on my spouse several times and can't locate

The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)

Anthony M. Avery
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answered on Apr 9, 2024

You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the

Court until he claims it, and withdraws it by Order of the Court.

0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: Attorney duties for child custody DSS case

Haven't heard from my attorney since February. Court is tomorrow and I still don't even have paperwork

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Is it important to use the lawyer that will help with my separation agreement, for my divorce proceedings as well?

I’m looking for a lawyer to guide me through a separation process. I know it will be complex and probably require ligation down the road. So I’m confused as to how to look for the right lawyer. Do I just look for one for that focus on separation for now then look for one later that focus on... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: My ex wife has create a parental alienation with my child. Who now hates me and don't want to see me.

We divorce on 2021. I remarried on 2023 and now my daughter doesn't want to see me, hates me and says things that aren't even in a 10 year old vocabulary. My daughter confess to my mother that her mom was telling her to say does things to hurt me. On paper states 50/50 custody I pay 600$... View More

0 Answers | Asked in Family Law for North Carolina on
Q: if my ex and i names are both on deed of our home and he moved out over a year he still pay half the rent.

Can he tell me who can and can not stay at our home and he moved in with his girlfriend over a year ago. I stay at the home with our son who has austism ( 18years old)

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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