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)... View More

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.... View More

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... View More

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

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

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

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... View More

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... View More

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... View More

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... View More

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... View 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 can't agree... View More

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... View More

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... View More

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

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... View More

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... View More

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

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... View More

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.

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.... View More