Absent a court order that prohibits who can be around the child, or where the father can go with the child, you don't really have any say in what the father does with the child. And without a court order, either parent can deny access/visitation to the child.
Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... Read more »
I'm not sure how he is "forcing" you to stay in North Carolina. You can come and go as you please, and you are free to move to Florida to take advantage of this job opportunity. He can't force you to stay, and you can't force him to go.
If you don't have an alimony claim pending PRIOR to a divorce, then your claim is going to be completely barred. In other words, you must have initiated your alimony claim before the divorce is finished if you want to pursue it. Unfortunately, unless I'm reading your facts wrong, it...Read more »
We have been legally separated for roughly 5 months and he has signed a Free Trade Agreement. Currently I have the house and pay everything but I want to refinance it to my name and pay him off of the loan. Are there any specific legal documents or procedures I need?
The only document that you would NEED is a deed prepared that conveys his interest in the house to you. However, I also think you would WANT a Separtion Agreement, which would set forth the terms of a potential buyout and would fully resolve all of your remaining property claims (as well as...Read more »
I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... Read more »
If your mother's name is on the deed (not the mortgage, the DEED), then she has an ownership interest in the property regardless of whether she has divorced your father. So it seems like your mother and father still might own the property, each having a 50% interest.
He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the...Read more »
I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »
Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »
If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.
I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.
For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?
There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award....Read more »
Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »
I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.
I highly doubt that a motion to dismiss or a...Read more »
No person would automatically have custody of the minor child, although the director of the local DSS might become their legal guardian for a short period of time. Ultimately, any person could apply to the Clerk of Court to become the minor's general guardian, and the Clerk has the authority...Read more »
Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?
Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have...Read more »
We adopted an adult woman and things changed drastically. We have not seen her for years, nor heard from her. We do not want our estate to be shared with her. What form in N.C. is used to file for dissolution?
**edit** that is not our preference. We prefer that she not be able to try and... Read more »
Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... Read more »
This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.
As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both...Read more »
Been 2gether 14yrs & I spent all my inheritance putting property on this land and pd up all taxes we got married a year ago I just found out this or I wouldn’t spent all my money on upgrading the home , do I have rights???
I'm sorry, but I don't understand the fact pattern that you are trying to state or the specific question you are asking. This is a cop-out answer, but you will need to speak to a family law attorney in your area and give me them all the details before you get a good answer. These...Read more »
I have not neglected or harmed my dog in any way, ever! My mom wants to try to "control" me so to speak, she is willing to go to the fullest extent with this. Even if it does mean taking me to court. What legal standing does she have if she were to go through with suing me for custody?
This is semantics, but you can't sue someone for "custody" of a dog, but instead she could bring a small claims court action seeking the return of personal property (the dog). It is easy to get into small claims court, so I don't see any standing defenses being an issue here....Read more »
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