Also can they move me when I’m about to be 18 in less than 8 months
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2020
The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... View More 
The family friend is certified to become a foster parent does that affect the situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2020
That call your mother made was likely a huge mistake. Once DSS gets their hooks into your family business - they are the ones pretty much calling all the shots and very often not even an attorney can fix things. It is possible they could place you with the family friend but ultimately it is their... View More
I am 17 and I’m tired of my living situation. I have previous work history and I have experience with paying bills. I pay my phone bill every month and 1/3 of our rent. I have my own car as well. I also buy my own clothes, hygiene needs, and food. Basically what I’m saying is I know how to take... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2020
The answer to your question as asked is yes, you can leave without without parental consent but the answer to the question you likely intended to ask is no, you can not leave without parental consent without possible being forced back if your parents care that you left. Yes, your Aunt could get in... View More
Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2020
Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other... View More
I'm executor of my father's will, he has no belongings to speak of as he is in assisted living, and has a couple of bank accounts, he is in failing health with Alzheimer's
Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2020
It basically depends on whether you want assurance that it is done correctly. Typically, finalizing things under the circumstances you describe is not too difficult even for a lay person with no legal experience. Best of luck.
My children falsely accused my current husband of abuse. All criminal charges against him were dropped. Now the intervenor said she will not give my kids back without a fight. I had no case against me but yet the court still placed them with the intervenor because I knew the allegations against him... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2020
You are simply not competent to fight the legal aspect of this fight and will need to retain a family law attorney in the county in North Carolina that the case is in. You consistently refer to the person who currently has custody as the 'intervenor' - odds are it is your mother (or... View More
I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2020
You can object to anything. The real question is whether your objection will be sustained. That depends on factors such as the law, the Judge and how good you are at presenting and arguing a proper objection. Typically, cases with merit do not get dismissed - they are also typically not... View More
He was very unhappy, and we met on a dating site. I did not know he was married until I had already developed feelings for him. Can his wife sue me if I was not the cause of the problems? They separated soon after we met and are getting a divorce now. He was unhappy for a long time before me, but... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2020
Can she sue you - yes. However, based on your description her odds of winning a likely less than slim and none. She would need to prove you purposely or at least knowingly broke up what was otherwise a happy marriage. So you likely have nothing to worry about. The other thing is if you are like... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2020
If it is in reference to a traffic ticket case an attorney is currently handling for you, then it likely means you have other tickets that you haven't taken care of that are still outstanding and need to be resolved. If you have an attorney currently helping you, this is really a question... View More
I need advice on setting up visitation with my children as we are separated. He is threatening to leave the state with my children and file for custody.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2020
You likely need a formal written Separation Agreement that resolves your marital issues while you are separated including child related issues such as custody, visitation and support. This can be done for a relatively affordable flat rate fee of around $250 for most average couples. As to whether... View More
Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2020
It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If... View More
And reduce the penalties to my insurance? Or is it too late?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2020
Likely not - at least not yourself. What you should have done is hire the cheapest traffic attorney you could find to have handled the ticket correctly for you in the first place. Since that ship has sailed, you now likely understand why paying it off (if that is what you did) was a really bad... View More
His Will listed me as his executor and i have filed probate. His wife have taken possession of his belongings. should i continue paying his rent and other bills while awaiting on a decision from the court even though a decision has not been made by the courts.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2020
Your father can not cut his spouse completely out of his will. She will be entitled to take what's called an elective share. As to rent, there is no longer a need to pay rent so if you can do so you should likely stop paying any expenses that aren't final expenses. You should consider... View More
Nun of my parents have custody over me but I want to move in with my mom but my dads telling me no what do I do could I just move in with my mom and I live in North Carolina
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2020
At 16 you are still a child and technically are not competent to make decisions like that. However, realistically as long as no one makes a stink about it yes, you could in essence choose. Even if someone were to make a stink and it did go to court, at 16, most Judges would like to at least know... View More
I also have a child from a previous marriage that I care for and we have a new baby together. (3 kids total) He has been consistently paying $600 a month for 5 years. His ex wife now wants to increase the amount because he is remarried to me and wants my income taken into consideration to increase... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2020
What the ex wants and what she will get are two different things. Your income does not factor into the calculations for his child support and your income is not a basis for modification (if everything else has remained the same). However, your new baby together may possible lower his obligation... View More
At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2020
Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... View More
The wife and I are currently separated and wife drew up some standard separation papers from the internet and not through a lawyer. The wife and I got a loan one year ago to help with bill. The loan is only in my (husbands name) because i had better credit at the time. We both were knowledgeable... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2020
In North Carolina, it depends on whether you signed the internet agreement and whether it it was properly drafted and executed and addresses that issue. Typically a loan in just your name is going to be just your responsibility unless you file for equitable distribution and a court orders... View More
Now threatening to take the video/audio to court to say that I am threatening the safety of her children even though the argument was away from the children and between him and I. how do we handle this If she does try to use the clip in court ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2020
The best way to handle it was to not have let your boyfriends ex anywhere near you or your property especially with time and opportunity for her to record an argument. However, since that ship has sailed, how you handle it will depend on 1) if she follows through with her threat or not -... View More
I do have a Dss history my children were in custody at a foster home for 3 years I regained custody of the younger child 10/2017 however the older child aged out in foster care In June of 2017!. I have been sober since 7/7/2016. The minor is a transgender male and I have some nothing but be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2020
If you have custody, it is likely kidnapping - call local law enforcement and have the older sibling arrested. If law enforcement refuses to assist by calling it a 'civil matter' you will need to retain an attorney. Best of luck.
Found out Judge was on previous case 5 years prior to this one and is familiar with defendant. Has shown obvious bias and unethical procedures in case so far in domestic case where spouse is dependent, disabled, and has no income except disability. Judge favored spouse that was the predominant... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2020
You really can't change venue now that the order has been issued and the case likely concluded. The time to have requested a change of venue would have been before the case was heard. Likely the best option would be a Rule 60 (b) motion and then look into possible remedies for recusing the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
