She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child.... View More 
answered on Jan 18, 2020
Child support may be court-ordered or agreed upon by parents. You don't say whether your child support is court-ordered. If your child support is court-ordered then you are only required to pay what is ordered by the court. It sounds like your child's mother has a very unstable situation.... View More
We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.
answered on Jan 18, 2020
Your question is when are you legally separated in NC. North Carolina defines legal separation as living separate and apart with one party intending the separation to be permanent. When your husband moved out of the home on February 14, 2019, did one of you intend the separation to be permanent or... View More
No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... View More
answered on Jan 18, 2020
The United States Constitution provides that parents have the right to raise their children. There is no distinction between mothers and fathers. Fathers have just as much right to parent their children as mothers. When there isn't a custody order in place, parents have equal rights. This... View More
what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.
answered on Apr 25, 2019
You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.
We live in Wilkes County NC
answered on Apr 25, 2019
Yes, you will receive a copy of the paperwork. If this is a new custody case, then she will file a complaint for custody which may include a motion for temporary custody. The complaint will either be served by the sheriff or by certified mail. You can call the sheriff's department and ask if... View More
I need help and can’t afford an attorney
answered on Apr 25, 2019
In a child custody case, the plaintiff would file a complaint which would be served on the defendant. The defendant would file an answer to the complaint which would be mailed to the plaintiff.
Depending on where you live, the next step could be to file a motion for temporary custody and... View More
answered on Apr 25, 2019
Yes, you can move to another county in North Carolina. However, your child's other parent may file a custody lawsuit against you. There are many more facts that I would need in order to give you legal advice on whether you should move or not. Please talk to an attorney before you move.
She trying to take custody but my child dont want to go with her or see her and my child has told me herself.
answered on Apr 25, 2019
Provided that you and your child's other parent are not going through a custody case right now then your child's god-aunt would be seeking what is called third-party custody. In order to obtain custody, she will have to show that you and your child's other parent are unfit parents or... View More
I’ve hid our kid from him (I’m trying to sell the idea of him being unstable when he’s actually a good person, and really I’m I’m a bit off in the head for coming up with the idea to pretend that this fake daycare existed and the couple watching her have bought my story. He could have... View More
answered on Apr 25, 2019
Your ex would be able to pick up his child from another person's home without your consent. Hearing your story I'm afraid that you are setting yourself for a terrible custody case. NC judges are not very sympathetic to a parent who is withholding or hiding a child from another parent. It... View More
My husband wants me to sign a separation agreement to give me our $40,000 home equity as a reimbursement for me having to put a $40,000 down payment on a comparably priced home when he chose to separate against my wishes. (I would like to get back together and see a marriage counselor.) Will... View More
answered on Apr 25, 2019
In NC alimony and equitable distribution are separate claims in a divorce action.
Accepting the home equity would not prevent you from filing for alimony unless the agreement included a waiver of alimony. However, depending on the wording of the agreement, it could prevent you from... View More
These assets have grown to 1.4 million since we have been married. My husband is 16 years older than me and is retired. I work (teach). We have 2 small children together. He controls the finances with the exception that I recently started to have my paychecks deposited into my own account (which is... View More
answered on Apr 25, 2019
In NC, marital property consists of assets and debts that were acquired during the marriage. In an equitable distribution case, the court determines whether the property is marital or separate and the value of the marital property. Then the court distributes the marital property in an equitable... View More
Me and my ex wife have been civil since things have ended. No custody agreement, no child support, I give her money every week and I get my son every other weekend, she lives 3 hours from me. She told me she was moving but never told me where and tonight I have a screenshot of her telling me... View More
answered on Apr 25, 2019
You need to hire an attorney and file a lawsuit for child custody. Depending on the circumstances, you may be able to get an emergency custody order granting you emergency custody of your son so that she cannot take him out of the state. If she moves to SC and they live there for six months, she... View More
answered on Feb 20, 2019
NC courts use the best interest of the child standard. The court will determine both physical custody and legal custody. The court looks at a number of factors using the best interest standard to determine who will have physical custody of your child. You should talk to an experienced attorney who... View More
His mother in Indiana has custody right now. There was no child custody order in place before September 2017. His mother and I split up December 2015. I wound up moving from Indiana to North Carolina January 1, 2016. That same month his mother started harassing me bc she couldn't deal with him... View More
answered on Feb 20, 2019
This is an unfortunate situation. With CPS involved you need to talk with an attorney to determine what can be done now. It sounds like there are a lot of documents to be reviewed before someone could give you good advice. Time is of the essence as there is likely a plan involved.
I have a 50/50 custody order in place in TN. However, the father and i have both lived in NC (within 20 miles of one another) for 2 years now. We agreed on this verbally and didn’t go through the courts. Now he has moved back to TN and wants to pick up where we left off on that order.. how can I... View More
answered on Feb 20, 2019
This is a complex case and you need to talk to a family law attorney with UCCJEA experience. Given that there is an order in TN and your child's father resides there, TN would likely maintain jurisdiction over the case. You would not be able to transfer jurisdiction to NC. If you want to... View More
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