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Questions Answered by Angela McIlveen
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

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.

Angela McIlveen
Angela McIlveen 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.

1 Answer | Asked in Child Custody for North Carolina on
Q: I think my ex is going to file for temporary custody of our child if she does and gets it will I get papers notifying me

We live in Wilkes County NC

Angela McIlveen
Angela McIlveen 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 they... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I am going thru custody/ visitation I have no lawyer and have no idea how to file a request for civil action hearing

I need help and can’t afford an attorney

Angela McIlveen
Angela McIlveen 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...
Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: If there is no legal order for custody or visitation, can I move with my child to another county within the state?
Angela McIlveen
Angela McIlveen 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.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My child dont want to see godaunt(non_related) and she 6 and we going through custody court what to do?

She trying to take custody but my child dont want to go with her or see her and my child has told me herself.

Angela McIlveen
Angela McIlveen 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 that you have... Read more »

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Child Support for North Carolina on
Q: Can my ex get our child from another persons house?

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... Read more »

Angela McIlveen
Angela McIlveen 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 sounds... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: If I sign a separation agreement to disperse our home equity, does that mean I can’t ask for alimony if we divorce?

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... Read more »

Angela McIlveen
Angela McIlveen 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...
Read more »

2 Answers | Asked in Family Law for North Carolina on
Q: I have been married for 7 years, am I entitled to half our assets? He came into the marriage with half a mil.

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... Read more »

Angela McIlveen
Angela McIlveen 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... Read more »

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2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: What do I do if my ex wife is wanting to move my son out of NC without a custody agreement ?

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... Read more »

Angela McIlveen
Angela McIlveen 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... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: If my son has lived with me and not my ex . can my ex get physical custody when I'm the primary caregiver
Angela McIlveen
Angela McIlveen 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... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I had questions about my child custody case that CPS was involved with in September 2017

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 and... Read more »

Angela McIlveen
Angela McIlveen 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.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I need some advice on transferring custody - complex situation.

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... Read more »

Angela McIlveen
Angela McIlveen 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 modify the... Read more »

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