Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More 
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answered on Mar 15, 2024
In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More
I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More
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answered on Feb 7, 2024
In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More
My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More
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answered on Jan 3, 2024
In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More
To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.
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answered on Jan 2, 2024
If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More
My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?
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answered on Dec 25, 2023
If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.
In this situation, it's advisable to... View More
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answered on Sep 13, 2023
A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More
Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More
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answered on Aug 6, 2023
To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More
I have primary custody he only receives visitation every other weekend. I asked for the new address and he refuses to send it. Does he have to give me the new address before I release her into his custody?
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answered on Jul 7, 2023
if your ex is refusing to provide you with his new address in violation of your custody agreement or court order, you may have legal options available to address the situation. You have grounds to take legal action, such as filing a motion with the court to enforce the custody agreement or seeking... View More
My mother yells at me alot and makes me cry and she makes me feel like I am nothing and I dont want to be around her toxic environment
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answered on Jul 5, 2023
I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when... View More
Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't... View More
answered on Apr 28, 2023
You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.
If you did present that evidence during the hearing, you can appeal the court decision.
As for “filing” against... View More
He was physically active in his previous daughters life for several years then decided to sign over rights because he did not want to pay child support. WE ARE LOCATED IN NC
answered on Apr 18, 2023
A judge will look at the totality of the circumstances and decide what's in the "best interest" of the child who is the subject of the custody litigation. In theory, terminating a parent's rights for one child could be in that child's best interest, while giving the same... View More
Contact information/ address in writing. There are no geographic limits except for traveling for vacation by giving other parent notice and itenary. Does this mean I can relocate out of state at anytime
answered on Apr 15, 2023
Based on the information provided, you are the primary legal and physical parent for your children, and the current order only requires you to notify the other parent of your contact information and address in writing. There are no specific geographic limits in the order, except for when you travel... View More
I have custody and my exwife violates the court order constantly
answered on Apr 5, 2023
When registration papers are filed to register a foreign order, the only issue the new state will usually deal with is whether or not to register the order. Meanwhile, the other state still has jurisdiction over the order until the new state decides that the "foreign" order is now a... View More
answered on Apr 1, 2023
In North Carolina, visitation is considered a type of custody. Anyone who believes they have or should have the right to visitation may sue for custody. Usually, a custody lawsuit must be in the county where the child resides. Like any type of lawsuit, there is special language that needs to be in... View More
My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.
answered on Jan 19, 2023
In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and... View More
answered on Jan 18, 2023
According to statute in North Carolina any adult may file to adopt a child. If you want to adopt a child the clerk or judge dealing with special proceeding actions will Order a Home Study. The home study will include the following:
physical and mental health, financial information, the... View More
Had custody case got 5050. Unsure never got a final copy and has been 4 years. Problems have persistent need to go back feel like right have been violated with the case need help going back
answered on Jan 12, 2023
First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,... View More
I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?
answered on Jan 30, 2024
You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.
Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More
answered on Jun 14, 2023
You may need to find a new attorney before getting the retainer back as that will likely be contested.
If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.
The biological father wants to be involved & I would like to legally change the child’s name as well & the non biological father is also contesting that.
answered on Jun 3, 2023
if the biological father wants to be involved, then HE needs to file an action for paternity and child custody. The non-biological father will have to be made a party to the action, if he is on the child's birth certificate. After paternity is established, the child's name can be changed,... View More
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