Order was first drafted but they stated case is currently closed I would like to give my mom custody of my nephew but I'm unsure on how to do that! Who's should I contact so that i may do the right thing legally
An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that because you were... Read more »
Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.
It depends on what his Will states. It most likely said that she inherits, only if she survives him, and if she does not survive him then _________ gets what she would have gotten. Unless you have a copy of the Will, you won't know who is designated in that blank space.
Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.
He has had 4 different jobs since weve been separated (4 years) and his current job schedule at the railroad has changed 3x the last year. I don't want to split custody until he has a set schedule, is this a reasonable reason to get a lawyer, or is there a big chance I may be wasting my time.
It is possible for him to get 50/50. He would need to notify you of his schedule, as soon as he gets it, and if you were willing to work with him on some flexibility, it could work. There are many factors which would go into deciding whether 50/50 is in your child(ren)'s best interest, other than... Read more »
Baby is 7 months old. Has one mans last name he signed affidavit saying baby was his even knowing possibility it was not. Now bought a dna test sent off. Baby is another man. Other man wants baby to have his name and be on birth certificate and have his rights what does he need to do.
He needs to file an action for paternity and legitimation, and possibly file an action for custody, depending on the circumstances.
I live in Oxford. The baby will be born in Jacksonville. We took a DNA test that states I am a 99% match. Neither parents are married and based on the results I wish to file for legitimation.
You can legitimate at child, by doing one of the following:
1. The child will automatically be legitimate and you will go on the birth certificate, if you and the mother are married prior to the child's birth.
2. You can file an action for legitimation at any time prior to the... Read more »
After a rocky 18 years, my daughter is in college and I have not had any communication with her mother in over 10 years. I have taken her to family mediation, which she has done nothing of what was agreed upon. Now I am trying to move on with my Life and my child support arrears are a major... Read more »
Honestly, you can certainly ask the court to forgive the arrears, but it is doubtful that it will happen. Visitation and child support are 2 separate issues. If you wanted a better relationship with your daughter, then you should have pushed hard for a custody order and then enforced its terms via... Read more »
My grand child is in NC with her father. Her mother lives in Missouri. The father was granted temporary custody due to the mother not being served in Missouri to appear in court in NC until the day of court. (which made appearance impossible). We have been traveling from Missouri to NC for the... Read more »
Short answer is "yes". With that said, there are a lot of variables, depending on the following: Why does the mother live in Missouri and the father lives in North Carolina? How long has each lived in his/her respective state? How old is the child? What does the child want? Is the child in school?... Read more »
Father has sole full legal custody and the bio mom's rights have been terminated. she went in the middle of the night and got the children 14 and 13 at the time of crime and took them through 5 county lines and refuses to return children. what is the crime here? and how does father prosecute?
That would be kidnapping. The father should contact law enforcement.
Spouse’s daughter was molested by cousin but has no contact with cousin. Ex is demanding that children not be around spouse or her daughter even though her children would not be around abuser either. Current spouse is safe - does not do drugs, drink and is not abusive.
One parent cannot dictate who the child is around when in the other parent's care, unless that parent has sole legal custody of the child. With that said, perhaps there is some other agreement the two of you could come to, so that the other parent feels that appropriate safety measures have been... Read more »
he got sick today had to go to hospital
You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA
RV was relisted w/o my name & address on insurance and property tax address was chgd. My name is still on registration.Live in home with both names & he chgd address on property taxes of home also.Doesn't want Separation papers cause doesn’t want to pay alimony. I’m on Disability.is what... Read more »
You'll need to file an action for equitable distribution and/or alimony, to force him to return the property or pay you for your share of the property, in addition to paying alimony (if applicable). Consult with a family law attorney regarding your options. Your options will vary, depending on... Read more »
His mother and I are divorced. We live in nc.
You could be appointed as the Administrator. If she applies too, the clerk would need to decide who would act as Administrator. If your son did not live in NC when he died, then his estate would need to be administered in his state of residence, and you would need to get a resident agent to act on... Read more »
My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.
She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency, if the... Read more »
He had no will and I am his next of kin. I am just waiting the 30 days to open the estate. I didnt know if I could live in the home to keep up the property while in this process.
If your father lived in NC at the time of his death, then you don't have to wait 30 days to apply to be the Administrator (Personal Representative) of his estate. If you have a key, you may go there and you may live there if it helps to keep the property in good shape. As Administrator, you will be... Read more »
First?
I am assuming one of the 5 is now deceased.
Yes. Essentially, the heirs of the deceased will take the deceased's share of the property, and they will have to approve any sale. Alternatively, it is possible that the property will need to be sold (or the other 4 pay the deceased's estate for... Read more »
Alternatively, you can go to the courthouse in the county where they died, and look it up in the estate's files, using the decedent's name.
The kids name are not in the paper
If Custody is not covered in the DVPO, then legally he is entitled to see the children, but he cannot come and take them from you if they are in your physical custody
What can I do about not seeing or communicating with my 8 year old. And I pay 380.00 month just for him. I do not make a lot of money and I can barely take care of myself, my wife and our 4 children in the home.
In order to secure your rights to visit with your son, you'll need to file a Complaint for Custody/Visitation, and get the court to enter an order with specific days/times when you can have custody of or visit with your 8-year old. You are not legally obligated to support your wife's children, if... Read more »
She needs to enroll in school, and they wont take her unless it's signed by a judge. She's a single mom, and my family doesn't have a lot of money for a huge court payment for something that should be simple. I love my niece, so I want to know if we have options
You'll need to have a court order giving you legal and physical custody of the child. The child's father will need to also consent. First, you need to file a Complaint for Third Party Custody, and then you can submit the Consent Order to the judge to enter with the court. There are other minor... Read more »
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