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Questions Answered by Mr. Albert Loch Saslow
1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: What are the Fathers visitation and custody rights to a child born out a wedlock with him being on the birth certificate

I am a teenage mother my child was born out of wedlock me the mother and the father are on the child’s birth certificate.

Me and the father are no longer in a relationship. I want to know what rights does the father have as far as visitation and custody to my newborn? With me being the... Read more »

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

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.

The best practice of a...
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2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

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 »

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

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 can't agree...
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1 Answer | Asked in Family Law for North Carolina on
Q: Is there a statue of limitations on alimony after a divorce it’s been 2 years

I am disabled I am having to pay for my daughter college I can’t get help from her mother I just lost her check so I lost over 900 dollars a month can’t do it by my self

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

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 »

1 Answer | Asked in Family Law and Real Estate Law for North Carolina on
Q: What do I need to buy my husband out of our home in North Carolina?

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?

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

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 »

2 Answers | Asked in Family Law and Child Support for North Carolina on
Q: Are holiday or vacation overnights counted in addition to the basic custody schedule when figuring child support?

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 »

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

You would count the actual overnights for the entire year. It sounds like your actual is at 140,

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for North Carolina on
Q: If my dad is divorce from my mom if both names are the land he owned, am I entitled to the property

My dad lived in North Carolina mom and dad have been divorced for over 10 years of my mom's name is on the lean is she entitled to the property or am I or can I benefit from the sell

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 21, 2020

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.

Unless either...
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3 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 17, 2020

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 »

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1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for North Carolina on
Q: Can CPS cases be revealed in cases regarding other children?

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 14, 2020

The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

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.

A judge isn't going to care about...
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1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Will NY accept an adult general guardianship from NC?

My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?

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

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.

1 Answer | Asked in Divorce for North Carolina on
Q: For NC, at what point in time is the supporting spouse's income used to calculate alimony?

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?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

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 »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

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...
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2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: If there was no will, and no legal guardian after parents death will custody of the children go to the executor ?

-dad adopted child

-child has no legal mother

-dad dies with no will

- daughter becomes executor

- other family member petitions the court to become guardian

Who legally becomes guardian of a minor child and their assets?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

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 »

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1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

We found out by a outsider .her spouse blocked us from calling.this was 07/2020

No one yet has yet to even call our father can we sue

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

Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?

Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how...
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1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for North Carolina on
Q: Can i get emancipated from her?

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?

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

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 »

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: What form in N.C. do I use for dissolution of an adult adoption?

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 21, 2020

Ignoring the specific question, why wouldn't you just change your will to specify that this person is no longer to share in your estate?

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 18, 2020

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.

The property that needs to...
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1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: Hi.There’s a sibling living in the household that won’t pay bills.but everyone else does.can I get a civil order

The home is in my mother and fathers name and both are deceased with now will

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

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 »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my Husbands dad gifted our home to his son & his son, I gave up my home he put jowros I was mislead w/ can I do?

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???

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 14, 2020

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 »

2 Answers | Asked in Animal / Dog Law for North Carolina on
Q: My mom is trying to sue me for custody of my dog, My name is on the adoption paper work and everything! What can I do?!

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?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 13, 2020

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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