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Questions Answered by Mr. Albert Loch Saslow
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

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 7, 2020

To keep this answer short, there is really only one step you need to take, which is to file an action for child custody. Consult with a local family law attorney about the necessary steps to make this happen, but until a court order is in place, he is not required to return the child to you (nor... Read more »

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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

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 2, 2020

I'm sorry to hear that you are going through this and dealing with someone who would threaten to leave his own children destitute. Your case involves a lot of possible claims, and I can only really give you a short overview of each. For more information, you will need to talk to a local... Read more »

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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.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 1, 2020

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

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2 Answers | Asked in Contracts for North Carolina on
Q: Does a contract for the purchase of a business in North Carolina have to be Notarized for it to be legally binding?

The contract was signed by both parties and had a specific payment plan, the business was being financed by the owner for two years. The balloon payment was to be made at the end of 2 years. The buyer made payments for 17 months but has paid nothing in the last 28 months.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 30, 2020

No.

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1 Answer | Asked in Child Custody for North Carolina on
Q: How can I keep my son's mother's boyfriend from keeping my son while she is gone to work? I have joint custody of my son
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 30, 2020

You might not be able to. If there is a custody order which gives the mother certain custodial time, she still has to "live her life" during her custodial time, which would likely include working. The same applies with you - you might have to work or might have some other commitment... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Can I take a custody case back for modifications to the order

My ex husband and I have split custody however he does not obtain his part of the order he does not get them when he is supposed to he is now also incarcerated and is being charged with 6 felony he is a danger to my children. My 5 year old son came home and told me step-by-step about his father... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 29, 2020

Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I am 17 yrs old & I want to move out. I live in Thomasville NC. Can I leave without parental permission?

I am 17 and I’m tired of my living situation. I have previous work history and I have experience with paying bills. I pay my phone bill every month and 1/3 of our rent. I have my own car as well. I also buy my own clothes, hygiene needs, and food. Basically what I’m saying is I know how to take... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 25, 2020

Highly unlikely that your aunt would get in trouble if you went to stay with her. What would potentially happen is that law enforcement personal could come to her house and direct you to return to your Mom's residence. As long as you did so, it is hard to imagine any sort of negative... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.

I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 20, 2020

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What would be the best course of action, to fight against a dismissal when it is brought up in a custody case? (repost)

I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 17, 2020

If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.

Of...
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2 Answers | Asked in Family Law for North Carolina on
Q: Can my husband leave the state with my children

I need advice on setting up visitation with my children as we are separated. He is threatening to leave the state with my children and file for custody.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 16, 2020

You might have grounds to file for emergency custody here in NC if you can prove to the Court that "there is a substantial risk that the child(ren) may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts."... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: Wife and I are separating. I have a loan in my name alone, got while married, are we both responsible for the loan?

The wife and I are currently separated and wife drew up some standard separation papers from the internet and not through a lawyer. The wife and I got a loan one year ago to help with bill. The loan is only in my (husbands name) because i had better credit at the time. We both were knowledgeable... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 11, 2020

I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.

That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the...
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2 Answers | Asked in Family Law for North Carolina on
Q: if a parent can no longer care for themselves, do the child have to go to the next parent? Or can it be next of kin?

Family

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 9, 2020

It is a somewhat complex analysis depending on the particular facts of the case, but the simple answer is that the claims of a parent is going to defeat the claims of a non-parent. That doesn't mean that all the involved parties can't agree to a schedule that gives grandma (or whoever)... Read more »

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2 Answers | Asked in Family Law for North Carolina on
Q: How do I file as Pro Se Post Trail Motion to appeal a district Court judges visitation for Intervenor?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 9, 2020

A proper appeal as a pro se litigant is going to be next to impossible. If you are just trying to file a Rule 59/60 Motion, you might be more successful, but I'm very skeptical. You will want to check the deadlines for filing a 59/60 Motion, as your time might have already expired.... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Are notarized documents typed up & signed by both parties legally binding or do they hold any weight in court?

Examples being custody arrangements for kids, money given towards supporting the children.

*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 6, 2020

They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... Read more »

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2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for North Carolina on
Q: Will a Notorised Affidavit of Withdrawal of Consent and Rescission of Signatures filed void "criminal court" orders ?

I do not consent to being the Nomde Guerre, dead entity or corporate fiction (ens-legis), named in "ALL CAPS" created by legislature, as I am flesh and blood created by God all mighty and live on the land. As all crimes are commercial in nature ,held in bankruptcy court of equity, in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2020

No. Listening and following conspiracy theories will not help you avoid criminal charges.

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1 Answer | Asked in Family Law for North Carolina on
Q: where do i find a legal aid lawyer in Boone,NC for incarcerated friend
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 4, 2020

I'm doubtful they handle this type of matter, but their information is here:

https://www.legalaidnc.org/about-us/offices/high-country

2 Answers | Asked in Family Law for North Carolina on
Q: My friend is incarcerated. due for release 11/18/20 Divorce granted after 43 yrs of marriage. Needs a legal aid attorney

43 years of marriage. Divorce granted. Need to find a Legal aid lawyer to help her with dividing up the assets. They have a court date for nov 30th. Calendar call is on nov 18th via internet to see if the 30th is a good date. Where should she go from here?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 4, 2020

I would be highly surprised if Legal Aid would help for this type of matter - it has been my experience that they don't provide these types of services.

Without knowing what has transpired in her equitable distribution case, I couldn't say what her next steps should be. I...
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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Do I need a lawyer present for a calendar court session
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 3, 2020

I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
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2 Answers | Asked in Family Law for North Carolina on
Q: I may know someone who is affected by parentification but do not know what to do.

He is 20 years old. Very convoluted family. Mother goes to him for everything bypassing other adults in household. From shopping, to friendship, to help parenting other children, and specifically rejecting help from other adults in the house

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 23, 2020

I don't think I can provide an answer here as this doesn't appear to be a legal issue. While still young, this person is a 20 year old adult and can make their own decisions about how to interact with their family. If there are issues in this household, it would appear appropriate to... Read more »

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