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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm recently dealing with dss my son is going to be getting adopted out will I be able to get him back
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answered on Jan 13, 2021

The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: if I buy my friends car and keep using their plates, is that fraudulent use?

Bought are in July and have keep insurance just never registered it to myslef

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answered on Jan 10, 2021

It may not necessarily be fraudulent use if you aren't doing it purposely or for fraudulent reasons but both failing to title and register a car within a certain time frame of the sale is illegal. I think you must properly title a car within a month or less of the sale. Not quite sure about... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can I go back to court to undo a divorce agreement that I had with my ex husband?

My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... View More

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answered on Jan 4, 2021

It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: My wife will inherit our home when her sister dies. My name isn’t on anything, will the home then be martial property?

The home is in my wife’s and her sisters name now. Her sister bought the home, My wife and I live there alone now.

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answered on Jan 1, 2021

Likely not, as in NC inherited property is considered separate and not marital property but it depends on several factors and you have not provided enough information to make a complete determination. Your best bet is to consult with a local property or family law attorney who can assess you... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I got charged with dwi july 2019 haven't driven since then. My court date is Feb 2021.

Will i be suspended again for another year till 2022 the dmv says it's already suspended now before ive been convicted so that's almost two years suspended already

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answered on Dec 30, 2020

DWI cases are complex. There are many reasons you could currently be suspended and without knowing more about your case, it is impossible to say why you are suspended in your particular case. However, if you don't have an attorney, very likely you are currently suspended simply because you... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If my court date has come and gone, court was cancelled and the officer never filed the ticket...am I in legal purgatory

I received my ticket for speeding on 11/15 for 69 in a 55. Initial court date set for today, 12/18. Saw two days ago (12/16) that court was cancelled. Contacted court clerk's office via telephone (12/16) to confirm. When asked for my ticket number, they had no record of it. Officer... View More

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answered on Dec 28, 2020

You have already wasted more time and effort on this than you should have. Just hire a local traffic attorney, have this reduced to a non-moving violation that will not affect your license and insurance and be done with it. If the address on your ticket is correct, you will likely be getting a... View More

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for North Carolina on
Q: Paternity established in virginia, child lives in maryland, 17, He may not be my biological child. Maryland? or Virgina

My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... View More

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answered on Dec 27, 2020

The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... View More

3 Answers | Asked in Divorce for North Carolina on
Q: what would an attorney advise if you are considering a divorce and wanting to move out?

My husband spoke to an attorney and wanted to understand his rights and what he would need to do to start the separation process. Could he move out and it not be considered abandonment? I guess I'm trying to find out if he would have been advised to not leave the house and to do other steps first?

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answered on Dec 28, 2020

He would likely be advised not to leave the house without a formal written Separation Agreement in place. However, if either of you wanted to leave, you certainly could - there is no such cause of action as 'abandonment' in North Carolina. However, if either of you did leave and did not... View More

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was charged with d w i. February 23 2019. I have entered a plea of not guilty in district court court has been put off

How does the statute of limitations work if I haven't been to court

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answered on Dec 9, 2020

A statute of limitations would not apply to your situation if by statute of limitations you think the state has a limited amount of time to prosecute you. Basically, it is not unusual for DWI cases to take around a year to resolve. Also, if you think you have a right to a speedy trial or a trial... View More

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What can I do if my childs father refuses to bring me my daughter back to me if neither of us got custody

We dont have no court order in place

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answered on Dec 7, 2020

If things are the way you describe them and he is on the birth certificate, then he has as much right to the child as you do. Unless there is a Court Order or a binding agreement in place to the contrary, he has no legal obligation to return the child. If you want the child back and he is... View More

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1 Answer | Asked in Divorce for North Carolina on
Q: Is it legal in NC to change vehicle locks to keep the co-owner from having access to it?

We are not married but my boyfriend and I have split up. His truck is in both of our names as Co-owners. He says he is going to change the locks so that I cannot take the truck anywhere.

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answered on Dec 3, 2020

If he wants to waste a hundred bucks or more - let him. Of course, you can simply take him to court and likely force him to give you access since you are a co-owner. However, likely the best option is for him to buy you out and you sign over your interest in the truck to him. If you opt to do... View More

2 Answers | Asked in Divorce for North Carolina on
Q: Okay I have been a stay at home mom for 20 years my husband makes the money but we are talking divorce and he is saying

How he will leave me with nothing take out all cash stop paying phones WiFi which my kids use for school can he take it he says he will leave us with nothing no food nothing

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answered on Dec 2, 2020

My experience with men like you have described is once I punch them in the wallet good and proper one or two times they all of a sudden miraculously want to stop being jerks and want to be reasonable (this is especially true if they are military). So do not let him intimidate you with his... View More

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1 Answer | Asked in Divorce for North Carolina on
Q: is it ok for a husband to take the keys out of car of wife in north carolina

It is registered in his name, but it is the vehicle I drive. I have no way to leave the house

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answered on Dec 1, 2020

'OK' is a matter of subjective opinion - some people will say it is totally cool and others that it is a douchey thing for him to have done (unless he had good cause such as preventing you from driving drunk). However, if what you are really asking is whether he can do it without getting... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my... View More

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answered on Dec 1, 2020

Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can the custodial parent take away visitation if you’re behind on child support?

Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.

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answered on Dec 1, 2020

Can she do it - yes, as you are obviously experiencing. Is it legal or appropriate - no. Failure to pay child support is not grounds to withhold visitation. If it goes to court she will likely not fair well. However, you will most likely need an attorney to force her to cooperate with the... View More

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: So if I was ordered to do x,y and z instead of 60 days jail time, but went to jail anyway doesn't that cancel out xy&z?

So I was ordered to get the blower, go to alcohol classes, be on unsupervised probation and whatnot in lieu of active time. Then I was arrested anyway, so what I'm asking is could I not have just activated my time for this charge while I was already locked up so I wouldn't have to get out... View More

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answered on Nov 30, 2020

It could have if you would have hired an attorney to handle it for you at the time. If you didn't - likely not, you'd likely just have x,y and z waiting for you when you got out of jail.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I hire a lawyer and get a 5 year old DUI taken care of with a court date instead of jumping thru a bunch of hoops?

I was sentenced for a level 5 DUI in Guilford county in 2015 and given unsupervised probation and several hoops to jump through in order to drive again. I was promptly arrested a few months later on unrelated charges and given a lengthy prison bid. The whole time I was going through court I asked... View More

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answered on Nov 30, 2020

An experienced DWI attorney in the area where the case was heard may be able to go back into your old case and can likely help you avoid some of the 'BS' as you put it but the bottom line is you will have to comply with whatever ultimately gets ordered by the Court or you will have to... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Basically want to know if this is worth going to court for ?

I’m a step father of two wonderful boys , I don’t get into my wife child support issues , she’s had a few but Ive always stayed out of it . I do know she get 1k a month in support and he pays for the children health insurance here in NC. He claims one and she claims the other and both live... View More

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answered on Nov 30, 2020

You as a step-father essentially have no standing or say regarding whether to go to court. All you can really do is express your opinion to your spouse about what decision she should make. That said, the amount of child support owed is calculated on simple child support guidelines based on your... View More

2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... View More

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answered on Nov 29, 2020

In North Carolina it is DWI not DUI. Typically the car is owned by the drunk driver and the state seizes cars after the second DWI to minimize access to driving drunk again in the future due to the likelyhood of a repeat offense. The theory behind why your car was seized even though he is not the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for North Carolina on
Q: i got a traffic violation , I took the class driving class last year , and im also on probation . any steps to take ?

I need to know what i do next to prevent myself from going to jail and also making my insurance go up to $500 .

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answered on Nov 28, 2020

The short answer is to hire a local traffic attorney in the area where you got the ticket. There may be something you can do yourself such as requesting a PJC or attending a Safe Driving Class for a reduction but these options can have unforeseen consequences based on your prior driving record and... View More

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