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North Carolina Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Child Support and Juvenile Law for North Carolina on
Q: Is it illegal for a 15 year old in NC to leave home without parent consent?

By leave home I mean go to a friends house and be back by state curfew.

Melissa Averett
Melissa Averett
answered on Apr 10, 2020

It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.

2 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: My 17 year old daughter thinks that she can hang out with who she wants and stay where she wants to live. I disagree

She thinks she can stay with her dad who is a immigrant. She thinks she can go to whatever school she wants and does not have to follow my rules.

Adam Bull
Adam Bull
answered on Apr 5, 2020

She is still a minor under NC law, unless she has filed a petition to emancipate herself, which is difficult to prove and she would have to show she can provide for herself without assistance, has employment, and a place to live, and is not merely a recalcitrant teenager.

At 18 she will...
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1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Hi My son is 14 and got his 15 yo girlfriend pregnant- what are his rights- should I hire an attorney-
Adam Bull
Adam Bull
answered on Mar 18, 2020

yes, and as a minor he will need to have a guardian ad litem appointed as he cannot contract for himself. usually that would be you as his parent.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for North Carolina on
Q: I need a good child custody lawyer who is willing to fight using facts against local DSS's deceit and lies...

I live in Wilkes County, North Carolina. The case is also in Wilkes. I will discuss what the case is about in detail upon finding the lawyer I need but it involves a whole lot of hearsay over actual facts. There have been a ridiculous 6 or 7 calls made to DSS, all questionable and none were... View More

Amanda Bowden Johnson
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answered on Feb 20, 2020

Your big mistake was cooperating with DSS. The time to have hired an attorney was prior to making that very bad decision. However, you still need an attorney and ASAP but you need a local attorney. So your best bet is to shop around locally - most of the attorneys here will not be able to assist... View More

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the

Time. My step mom is either passed out high or when... View More

Adam Bull
Adam Bull
answered on Jan 28, 2020

Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:

1) report the activity to your school counselor and resource office.

2) call the Department of...
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1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back

Adam Bull
Adam Bull
answered on Jan 12, 2020

If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.

Clearly this is an unhealthy family relationship, and I would sever contact until it...
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2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My mom is filing ungovernable youth charges against me. Do I have any rights as a minor?

Her reason for the ungovernable charge was that I am disrespectful and I do what I want when I want. About ten days ago. She slapped me, so hard I couldn’t hear out of my ear. That entire side of my face went numb. Then I yelled at her that I hated her and hit her arm. When she called the police,... View More

Adam Bull
Adam Bull
answered on Dec 4, 2019

You have a right to an attorney and one should be appointed to you.

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2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My sister is 17 and out mother pressed charges on her and she is currently locked up. I need to know how this all works.

Can someone other then her parent or guardian bail her out?

Adam Bull
Adam Bull
answered on Nov 24, 2019

Anyone can post the bail money for a person. But be careful interjecting in this situation. If your sister is a minor, its unlikely they would hold her on much of a bond unless the charges were serious.

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1 Answer | Asked in Education Law and Juvenile Law for North Carolina on
Q: What is the age for a student to dropout in Rutherford NC?
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2019

A North Carolina attorney familiar with education law, or an educational administrator could probably tell you. But your question remains open for three weeks. Don't drop out. You don't need an attorney to tell you that. Finish school and get a diploma, or things are so bad at your... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... View More

Adam Bull
Adam Bull
answered on Oct 24, 2019

As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for North Carolina on
Q: My nephew in PA in a bad home situation. Child Youth are doing nothing. He’s 15, what happens if he runs away!

He’s a good kid and doesn’t deserve the crap life he’s been dealt. I live in NC and want to take care of him. If it’s kept very under wraps, could we get away with it? I’m scared if she doesn’t seriously hurt him, he will hurt himself.

Adam Bull
Adam Bull
answered on Oct 24, 2019

first, any legal action will need to be done in PA as that is where he lives. You can make a report to child protective services but it sounds like that has not effected the desired outcome.

He potentially can file to become an emancipated minor which if granted would allow him to decide...
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2 Answers | Asked in Juvenile Law for North Carolina on
Q: Is it legal for a minor to be questioned without his gurdian or lawyer present in the state of North Carolina
Krispen Culbertson
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Krispen Culbertson
answered on Oct 8, 2019

It depends upon the context. Is it a criminal investigation or testimony (or witness interview) in a criminal case?

If it's criminal, yes. A cop can question a minor as part of a criminal investigation.

If it's civil, it depends on many things and we'd need to know...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I do apolojise as I am not that intelligent that is why I am looking for answers my daughter is 16 years old I took her

Phone away her boyfriends grandmother bought my daughter a prepaid phone without my approval legally can I take the phone away what is the law on cell phones and minors

Amanda Bowden Johnson
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answered on Sep 27, 2019

Unintelligible means 'impossible to understand. I did not mean for you to think you are unintelligent. As to the phone, yes, you as the parent can control what property your child possesses. So you may take the phone from the child. However, you should return it to the grandmother.

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: Mother has been TPR (terminated parental rights) and took kids from a home knowing she has no rights? dad full custody

Father has sole full legal custody and the bio mom's rights have been terminated. she went in the middle of the night and got the children 14 and 13 at the time of crime and took them through 5 county lines and refuses to return children. what is the crime here? and how does father prosecute?

Angela L. Haas
Angela L. Haas
answered on Aug 28, 2019

That would be kidnapping. The father should contact law enforcement.

1 Answer | Asked in Child Custody, Juvenile Law and Sexual Harassment for North Carolina on
Q: Can my son mother be held responsible for her 14yr niece getting pregnant by a 21yr living under the same roof?

So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up... View More

Angela L. Haas
Angela L. Haas
answered on Jun 24, 2019

She could if she knew it was happening, and she let is happen in her home. Additionally, her children could be removed from her care.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Can DSS question my girlfriends daughter without her present if she tells them not to with out her thete

Nc Buncomb County

Amanda Bowden Johnson
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answered on Mar 25, 2019

Yes, they can - especially if the child is school age. They will just roll up in there without you present and question away - all with the likely gleeful help of the child's teacher and principal. If you are smart and have instructed the child not to speak to people. They will essentially... View More

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Want to change my child’s name but do not know how to get court order in nc?
Melissa Averett
Melissa Averett
answered on Sep 21, 2018

There aren't any forms for that procedure, so you would need to consult with a lawyer to get that done. Also you have to have the consent of both parents.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Can a child who is 17 years and 9 months old leave the home with there child whom they have full custody of?

She is 17 and 9 months engaged and finished school had full custody of her child and she wants to leave her home in Virginia and come live with us in N.C. she is already here and she just doesn't want to go back. Can anyone legally make her go back?

Amanda Bowden Johnson
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answered on Jun 28, 2018

Having a child doesn't make you an adult - she is a child until she is 18. So whoever has custody of her can likely much make her go back for the next 3 months or so. You should be more concerned about not who can make her go back but who can have you charge with crimes for your involvement.

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