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Questions Answered by Mr. Albert Loch Saslow
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...
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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 »

2 Answers | Asked in Divorce for North Carolina on
Q: Can spouses date people when not living under the same roof?

Have not lived with husband in 5-6 yrs after discovering he was cheating. After all these years alone, I would like to date, if possible. However, am afraid to even consider, not wanting to be seen as an adulterous in court should I desire a divorce in near future.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 19, 2021

You absolutely can, and it should have no adverse consequences. I would also encourage you to go ahead and get divorced, as it isn't going to get any easier the more time passes. I would bet that there are many attorneys in your area who would help you with a 'simple' divorce for a... Read more »

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1 Answer | Asked in Family Law for North Carolina on
Q: Me and my ex husband divorced 4 years ago. We have 3 children together. We share 50/50 custody. what are my rights?

We share 50/50 but he no longer carry’s insurance on them due to he can’t afford it and he doesn’t pay child support due to it being 50/50. But me and my husband pay for everything!!!!!! All I wanted was for him to continue paying there insurance. He constantly says if I ever take him to... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 18, 2021

Your case is one that any answer I give is going to be incomplete and somewhat inaccurate, and for that reason I would suggest you consult with a local family law attorney.

I would be shocked if he has a viable alienation of affections claim. He isn't going to be able to rely on any...
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1 Answer | Asked in Child Custody for North Carolina on
Q: I have had my grandson for 1 year now with no contact from his mother and father. What can I file in nc for custody?

I cannot afford an attorney and I've reached out to the local DSS but due to a lawsuit that the mother has against them they will not help us. My grandson is 10 years old and lives every day in fear that his mother will show up to get him. He has told me he would kill himself if he ever had to... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2021

I'm very sorry to hear about your situation and sympathetic to what you are going through. That said, while you are clear that you can't afford an attorney, I would strongly advise you to at least pay for a consultation to discuss the complicated issues that go into filing a third-party... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: My wife cheated attempted to run me over with car after kicking me out of our home I want a divorce she’s refusing
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Jul 2, 2021

You shouldn't need her consent or participation - the only requirement is that you must be separated for one year. No way to speed the process up unfortunately. So after that year is run, you just need to file your divorce, serve her, and then proceed.

2 Answers | Asked in Divorce for North Carolina on
Q: My husband left on September 12th 2020 and has not returned, can I get a divorce?

I was I was supposed to have surgery on both eyes the Monday after he left and I had to put that off and I was considered legally blind

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on May 20, 2021

Not in North Carolina as you have to wait a year after separation. From the facts you've presented, you can't sue until 9/13/2021.

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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If my children reside in another state in order for me to fight for custody which state do I have to fight in
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 17, 2021

Assuming there is no custody case that has already been filed, you would need to file for custody in the jurisdiction where the children have lived for the past six (6) months.

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: Can I file motion for discovery on a child custody case?

Father filed for child custody and support. We’ve had 50/50 since. Can I file motion for discovery to see what his plan of attack is going to be? I can’t seem to find the form.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 17, 2021

Yes, you can file discovery requests to seek relevant information to the case. However, there is no "form" for discovery requests, so it is something you will have to generate yourself (or more likely - pay an attorney to generate).

1 Answer | Asked in Divorce for North Carolina on
Q: I filed a pro se divorce in nc, i had hearing last Monday and Judge denied because i was missing a form. What do I do

Judge wouldn't tell me what form was missing or what i need to do next to finalize the divorce

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 15, 2021

I could guess, but without looking at the file I have no idea what form you are missing. You will unfortunately need to consult with a local family law attorney about the status of your case. Perhaps you can just file the correct form and get a new date scheduled.

I can't speak for...
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1 Answer | Asked in Divorce for North Carolina on
Q: If the judge gave me another court date, do I have to start the process all over again? Due to the return receipt

the return receipt was not signed by my wife and I went to my court date and the judge gave me another court date, do I have to start the process all over again?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 12, 2021

From these limited facts, it would appear the judge gave you additional time to complete service upon your wife. If she doesn't sign the return receipt then you will not be able to proceed with your lawsuit (because she has not been served). I would recommend you pay the sheriff their $30.00... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My Wife's family all have COVID. She wants to bring our 1 yr old to their home for a full week. Do I have legal options?

My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 5, 2021

If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... Read more »

2 Answers | Asked in Consumer Law and Collections for North Carolina on
Q: How can someone properly respond to a summons that is out of state?

My SO lives with me in North Carolina for almost two and a half years now. Her mother was served a summons & complaint at her home in New York regarding a debt collector attempting to get a judgement against her. A couple of questions:

1. Was she properly served?

2. The summons... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 12, 2021

1. Depends on more facts, but for a snap judgment I'll say probably not. However, burden is on you to establish that proper service hasn't been made. If you don't raise the issue properly with the court, the creditor will likely just proceed on and get what they want. This will... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: If ex husband dies and current wife lives in home co owned by me and ex. What rights will new wife have regarding house
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 10, 2021

The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... 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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 4, 2021

I dislike these types of questions as it really just calls for speculation when we don't know anything else about the parties, the case, or the judge. So any answer you receive is going to be mostly guesswork. All that said, I could see a judge ordering that the child is to have visitations... Read more »

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1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Both parents are on the deed. They are divorced but father dies, I'm the only heir, does my mother have rights to home?

In the divorce decree it states, she will sign over at will. No where in the decree that it states is she entitled to or awarded to the estate. She doesn't live in the country and she's not a citizen of the United States.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 3, 2021

This is a cop-out of an answer, but you would need to speak to local real estate attorney on this issue, as they would need to look at the specific language on the deed and the divorce filings. I'm not sure there is an easy answer with mom being out of the country (her citizenship status... Read more »

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