Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr. Albert Loch Saslow
1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a question about kids and visitation with ex husband.

I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 25, 2022

No, there really isn't.

The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support...
Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Do grandparents get rights in North Carolina?

I have a 13 month old baby girl. Her dad and I recently separated. He is threatening to take me to court so that his dad and stepmom can have rights to our baby. I don’t want my baby anyone near those people and they have disrespected me in so many ways. I’m not keep her away from her dad... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 23, 2022

A typical custody order that gives one parent "x" amount of custodial time and the other parent "y" amount of custodial time does NOT have any restrictions about what each parent can do with their respective time. So there is always the real chance that the other parent will... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I am currently trying to settle equitable distribution on my divorce. Our major asset is the home.

My husband is allowing me to buy him out. All assets, including the home, value was determined based on date of separation. I paid for the date of separation home appraisal, as instructed to by my lawyer. Now with the home prices fluctuating, the value of the home is being challenged by my... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 2, 2022

It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.

The gain in value of the home since the date of separation (through passive...
Read more »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My sister and I own a house in North Carolina. My sister passed away. Do her children have any ownership in house.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 29, 2022

Mr. Avery already accurately answered your question. As he indicated, the rights of your nieces/nephews is going to depend on the exact wording of the deed. It is possible that you own the house outright, but equally possible that you now share it with her kids. Pay for a brief consultation with... Read more »

View More Answers

1 Answer | Asked in Divorce for North Carolina on
Q: If in my divorce decree if it states , plantiff understands that she is forever discharging any claim against defendant

Or any equitable distribution or martial property by obtaining the divorce prayed herein, can she come back now and make me sale my house and give her half?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 27, 2022

They shouldn't be able to, unless her name is also on the deed. From your question, you indicate that is it "my" house so it doesn't seem like she is an actual owner.

1 Answer | Asked in Family Law for North Carolina on
Q: In NC you get half of your spouse’s 401k up yo the current date. I have been separated for 17 months.

If my husband is willing to give me half of his 401k currently not date of separation can he do so?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 7, 2022

You can agree to any sort of division - whether such a division or more or less than what a court would do by following the statutes. So long as y'all are happy with it, then you can be as creative as you want. Obviously you will want to make sure that the paperwork is property drawn up and... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: In state of nc I am separated for 17 months now. Can I only get half of assets before date of separation?

Can I fight for half of everything to the date we file separation agreement? Specifically everything in our joint bank account and current amount in my spouses 401k.

I have not worked in 16 years am not currently working and would like half of 401k currently not 17 months ago

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 4, 2022

Decent bit to unpack here.

You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree...
Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: It it possible to withdraw my claim for equitable distribution?

My spouse was already been served, so will my spouse have to agree to have the claim withdrawn?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 11, 2022

Your spouse plays no role in your decision whether you want to voluntarily dismiss your ED claim. No consent is needed. That said, if your spouse files a counterclaim for ED, then it doesn't matter what you do with your claim. There just needs to be one claim pending.

1 Answer | Asked in Divorce for North Carolina on
Q: Husband and I meet rules for divorce. Can lawyer file uncontested divorce claim in any county or where I live?

I have heard claim must be filed in the County you live, is this true or can any attorney do it anywhere in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 10, 2022

It can be in any county, although the other side could theoretically attempt to have it moved to a more proper venue. I've filed plenty in 'my' county when both parties live somewhere else.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my ex-husband dictate who I date and have around my children?

My ex-husband and I officially divorced in January of 2022. We have two children, aged 10 and almost 5. He's gone from being a very cooperative co-parent to a unreasonable co-parent in a matter of 2 weeks. He is now trying to tell me that my children are not allowed at my house because I live... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 8, 2022

Is there a custody order? Without a custody order explicitly barring either party from exposing the minor children to persons you are dating, there shouldn't be anything stopping you from dating who you want to date and acting in the manner you seem to do doing. That said, there does need to... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Child custody. Currently a every other week court ordered agreement but other parent disappears frequently.

We current have an every other week schedule but other parent hasn’t been able to uphold this agreement so I have taken care of the weekly and now they have disappeared multiple weekends and been unable to be contacted or located. Do I have a case to get full custody with limited/supervised... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 7, 2022

Of course you should consider consulting with a local family law attorney for a better answer, but you likely do have grounds to seek to modify the existing custody order. Despite his recent behavior, I would imagine that a judge thinks this person should still have some contact with their child,... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: My husband and I have emergency custody of his daughter. Mom wants to take her out to dinner. Should we allow this?

My step-daughter's biological mother was in a bad relationship, got arrested, has done drugs, wrecked her car, threatened to harm herself, and we have had emergency custody since mid-January. Mom is out of jail, and has moved out of the home she shared with her husband. Should we allow her... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 8, 2022

It is difficult if not impossible to accurately answer this question without a full consultation. That said, I wonder what you are thinking "full" custody actually is, and how realistic it is that you will get it. Mom may not have a strong custody claim, but it seems like she wants to... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Can you file for a legal separation in NC with the clerk of court?

My husband wants to file seperation papers legally. It's my understanding that separation papers are not filed on record but are signed by both parties and witnessed by a member of the court.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 1, 2022

While it is a common misconception, there really isn't something called 'separation papers,' and you don't need any such papers to become legally separated. Some couples negotiate a contract between themselves that settles issues they may have (property division, spousal... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: is it legal for my parents to keep me at home until i graduate even though i will already be 18

i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 24, 2022

You legally can move out since you are 18, but if you do, your parents could easily stop supporting you, so this is a decision you will have to think carefully about.

1 Answer | Asked in Family Law for North Carolina on
Q: What do I do if my ex spouse is not upholding his separation agreement
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 11, 2022

It will depend on the exact terms contained in the Separation Agreement, but you would likely sue this person for a breach of contact (the agreement itself). Your agreement should have specific language setting forth what the remedy for breach is, and whether you would be entitled to recover any... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: The father of my son served me papers to try for custody where do I go crime here
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 10, 2022

I'm going to operate under the assumption that the word "crime" in your question was a typo and was meant to say "from."

You will need to try and determine what amount of custody he is seeking, and evaluate whether the two of you can come to an agreement on how to...
Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: The mother of my child issues to me unfair and lopsided visitation rules when neither of us went to court at all

She also loved to bring up the point that I should be lucky because I could not be seeing him at all I feel that deep down inside this is not legal but I have no knowledge of the judicial system of how to combat this evil

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 22, 2021

There isn't really a question here, but it sounds like you need to file for custody and let the court sort it out. I have no idea what sort of 'rules' she is making you follow, but there is a good chance that you aren't being treated fairly. You may not have the resources to... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: What rights and decisions can I make for my 13yr old son if his dad got full legal custody and I have physical custody?

Can my husband decide discipline and consequences in my home? Does he handle all school decisions or just which school he attends? Can I still take our son to my church?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 8, 2021

Your best bet is to have an attorney review the actual custody order - there is a level of speculation involved when you can't see the order. With that said, you should have control over the day-to-day activities of your son while he is in your custody.

1 Answer | Asked in Family Law for North Carolina on
Q: My daughter wants to change her last name. She has my x husbands but wants to have my maiden name. She is 17

She is 17 years old and we live in NC. She wants my last name. Her dad will not sign, can we do it without his signature. He pays child support and sees them 4 hours a month. She will be 18 in May

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 6, 2021

While it is possible to file for the name change now WITHOUT the signature of the father, the process becomes slightly easier after a minor turns 18. And since that is coming up relatively soon, I would suggest that she consider waiting. But again, it is possible to do now although there are some... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: How can I end my marriage of a week
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 6, 2021

I'm sure that you would love for there to be a simple and easy answer, but you likely are going to be required to get a "normal" divorce like everyone else, which requires one year of separation. Annulment may be a possibility, but it is only available in very limited circumstances... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.