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Questions Answered by Amanda Bowden Johnson
1 Answer | Asked in Divorce for North Carolina on
Q: Does a complaint for absolute divorce have to be amended if the date of birth of a minor child was incorrectly put in?

Child was born 1/02/2019; accidentally wrote in 2018.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 11, 2021

It should be corrected - yes. There are several different ways to do this. If you did the divorce yourself, this is one of the prime reasons that is always a very bad idea. Especially considering that the only reason to even consider doing it yourself is to save money and with several NC firms... Read more »

2 Answers | Asked in Family Law and Civil Litigation for North Carolina on
Q: My 39 year old son finally moved out but he left all of his stuff behind. Can I legally discard all of his belongings?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 6, 2021

Yes, but there are some steps you will likely need to follow. You are likely in a bailment situation where you will be required to take reasonable care of his property for some period of time and to provide him with formal notice to make arrangements to pick it up. If so, typically 30 days is... Read more »

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1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I lived in Philadelphia up until March 2020. my sons father took me to court for custody plenty of times he was denied.

I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 6, 2021

If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you... Read more »

2 Answers | Asked in Family Law for North Carolina on
Q: Will a judge grant my 5-month-old son visitation out-of-state if his father moved to MD permanently?

I filed for custody of our son the first week in December 2020 and 3 weeks later the father left NC and returned to MD to live with his mother. He has visited once since moving. We have mediation late March and he has informed me he will request for his visitations to be held in MD. He also said he... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 4, 2021

The child's age is likely not a relevant factor and your concern about that is likely unfounded but not necessarily an unusual or unexpected stance for any mother to take. So yes, likely (and hopefully) the Court will force you to comply with reasonable and liberal visitation out of state if... Read more »

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2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: My ex is talking of moving away with our daughter. How far away can she move without getting my consent?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 2, 2021

Depends. Assuming there are currently no Court Orders or enforceable agreements to the contrary, the ex can pretty much move anywhere in state without your consent but doing so over your express objection would likely make her look bad if you took her to Court over it unless she has a very... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My ex husband is an E7 in the Army. We currently have joint custody of our 2 sons he has primary as of 2012. How

My youngest is 11. He is having mental health issues and openly says he NEEDS to come home. Their stepmom is treating them badly as well. Dad is refusing. Both sides of the family feel this is best. Should I call his command? Is my son old enough to represent himself?

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 1, 2021

Your son is a child and will have zero say in terms of representing himself - although it is possible a Judge may want to hear from him and may give his preference some very minor consideration. Your ex's command has zero authority in this matter and they likely would not get involved in this... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Hi. When joint legal custody is in place, does giving child’s social media passwords need to be given to other parent?

I have primary physical. But a while back my child’s father said he didn’t have any passwords or anything to daughters social media accounts. At first I was like why would I give him the passwords when we usually use the same ones for my accounts? But now he’s filed a modifying the order in... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 1, 2021

Yes, if he requested them, you likely should have given them to him unless you have some compelling and legitimate reason not to and no your daughter's privacy or the fact that you share the same passwords is not a good reason. Which means you and your daughter should not share the same... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: So I’m 16 and I’m wondering if there’s anything I can do to move out legally.

I don’t think there’s quite enough cause for me to get emancipated in the eyes of the law but my mental health has been affected by my family for years. My dad “borrows” and steals money quite often & he has a substance abuse issue. He’s manipulative and narcissist. I’ve told my... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 1, 2021

The short answer is without your parents consent - no. Ironically, the fact that you understand that you likely would not qualify for emancipation means that you are quite intelligent and probably are competent to be on your own or at least very close to it. If you have a place in mind that you... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: What are different ways to separate from parents at age 20? Only one I can think of is emancipation
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 31, 2021

You do not 'separate' from your parents - you either move out voluntarily or you get kicked out. Typically and normally you'd simply choose to get a job and / or go to college and move out of your parents house and begin your adult life on your own. You are an adult at 18 and do... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Probate and Estate Planning for North Carolina on
Q: What are the statue of limitations of a Will? What if sibling changed mothers Will and won’t share a copy?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 30, 2021

You haven't provided much detail so we really can't provide you with a meaningful answer - especially in a limited forum like this however, a sibling can not change your mother's will - only your mother could do that. Your best bet is to consult with a local wills and estates... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: If I decide to agree on a child support arrangement with the other parent, will my daughter still receive Medicaid?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 28, 2021

If your child is receiving Medicaid, they will typically force child support whether you want it or not and you won't get to 'agree' to an amount, it will be set according to the child support guidelines. So it should not affect the Medicaid eligibility. Best of luck.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I still be charged with a DUI if I wasn’t arrested or charged on the scene? I also have no memory of the event.

I was released from the hospital when I regained consciousness with no information from the police. Nobody was hurt, and the only property damage was my car. The last thing I remember before waking up in the hospital was talking to my dad while lying in bed at home.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 26, 2021

The short answer is - yes. And in NC it is DWI not DUI. If you suspect you may be charged, you should consult with a local, experienced DWI attorney as soon as you are able. If law enforcement questions and / or charges you before you get a chance to consult with an attorney - you should not say... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My tickets are 21 years old. The reinstatement fee was 30 dollars back then. Does "another amount required" applies?

Under the new statue it states unless another amount is required. What does that mean exactly?

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 26, 2021

The reinstatement fee is more now and you will likely be required to pay the current reinstatement fee now what was in effect 21 years ago. However, the reinstatement fee is irrelevant until you have resolved the old tickets - as you will remain suspended until they are taken care of. Your best... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I have a 16 year old who no longer wants to live with there father. I have been to court several times.

Only reason the father wants our son is to keep from paying child support. I don't want it. They keep denying me but cant find me unfit

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 25, 2021

What the child wants is not really relevant nor is the fact that you have not be deemed to be unfit. The Court (or more specifically a Judge) makes their decision based on what they believe is best for the child under the current circumstances. You seemed to imply that you have attempted to get... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Yes, my mom has been real sick.there is 5 of us kids.no one is power of attorney.my brother told me if i dont hand over

Bank card hes going to take me to court.my mom told me to keep her bank card and pay her bills while she is in rehabilitation center and dont give it to no other family members.there is no power of attorney.can my brother take me to court to get bank card from me? They have accused me of taking my... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 24, 2021

You should likely continued to follow your mother's instructions and pay her bills with the bank card and not give the bank card or any of her money to any other family members. They can go to court and attempt to be appointed as guardian but they can not take you to court in the sense of you... Read more »

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Office said she could’ve hit him if he wasn’t in his car

The officer had just finished giving someone a ticket and she said she saw him turn his lights off. But didn’t move to the other lane. He pulled her over and gave her a ticket.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 23, 2021

Everyone is required to preferably move to the left if possible or at least slow down considerably when passing a stopped officer or other emergency vehicle. It is a complete shame there actually has to be a law to tell people to do that. As to the ticket, there is no fighting a ticket. From the... Read more »

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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Traffic ticket? How should we fight a ticket my daughter received?

My daughter was in her way to visit a friend in Raleigh. She wasn’t speeding and saw an officer in the side of the road turning his light off after stopping someone else. He pulled her over and am gave her a ticket stating she COULD’VE hit him if he was outside if his car. The ticket is over... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 23, 2021

Everyone is required to preferably move to the left if possible or at least slow down considerably when passing a stopped officer or other emergency vehicle. It is a complete shame there actually has to be a law to tell people to do that. As to the ticket, there is no fighting a ticket. From the... Read more »

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: how many years do you get in prison for a dui
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 22, 2021

It depends on several factors such as your prior record, what level DWI you are classified in and and mitigating or aggravating factors. Some first offense, low level DWI's result in no active jail time. If you are charged with DWI, you should consult with an experienced DWI attorney ASAP.... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I have a failure to appear form 2018. My NCDL is suspended. What can I do?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 20, 2021

Depends on what you were charged with. Your best bet is to hire an affordable traffic attorney in the local area where you received the ticket.

1 Answer | Asked in Family Law for North Carolina on
Q: I'm trying to get my birth certificate from my mom and I've asked her many times but she wont give it to me what can i d

Do?

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 14, 2021

If you were born in North Carolina, just go get a copy yourself. The information you need is here: https://vitalrecords.nc.gov/order.htm

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