Questions Answered by Angela L. Haas
Q: I would like to file a motion to have my child support motion forgiven.
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 »
Q: How do I obtain temporary custody of out of state child in NC?
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 »
Q: Mother has been TPR (terminated parental rights) and took kids from a home knowing she has no rights? dad full custody
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.
Q: Can a child’s parent dictate who children are around while children are in other parent’s care?
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 »
Q: my father has dementia can I find out if he has a living will and poa
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
Q: My husband abandoned me 8 months ago taking our RV. The RV is registered in both names. I called regarding the insurance
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 »
Q: Hello I was wandering my son passed away from a car accident he was 22 yrs old. Can I be the administrator of estate.
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 »
Q: What needs to be done to get custody and what is the cost?
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 »
Q: Can I live in my fathers home while I am determined executor of his small estate to keep up the property
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 »
Q: If a house is left to 5 siblings equally, but hasn't been sold/divided, can the estate of one of the siblings be settled
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 »
Q: How do I check if an estate has been recorded at clerk of courts in NC
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.
Q: I have a DVPO for one year against my husband and we just started mediation can he legally come take my kids from me
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
Q: I dont get to see my 8 year old or communicate at all. Wife of 1 year and 4 children I am soul provider for in my home
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 »
Q: My niece wants to stay with us; her mom agrees, but we need something signed by a judge. What paperwork is this?
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 »
Q: My 8 yr old son lives in GA with his mother and step father. 7 yr since I seen him. Can I terminate my rights. I'm in NC
They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel it's in... Read more »
Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.
Q: A relative "acquired" some property after the passing of my mother. They refuse to return the property to the estate.
They stole a purse and money from the bedside of the deceased person and say they feel they can keep it and it's contents.
An estate file will need to opened, and someone appointed as the Administrator/Executor, and that person will be responsible for getting the items back. Get some sort of evidence (i.e., voice recording, text message or email) of them stating exactly what they took, because you'll have to prove what... Read more »
Q: The father has primary custody. I’m having a surgery and can’t take my daughter for my time. Can I be held in contempt
The father has primary custody of minor child. In the Temporary Parental Order, during the summers, we have alternating custody on a two week schedule. I am having a huge surgery where bones are being taken out and bedridden for a month. I told the father a month in advanced. I have text messages... Read more »
No. The courts will not make someone exercise their time. The court will only enforce one's right to exercise his/her time with the child if they want to. Have your surgery, heal, and then resume your time with your child. Perhaps he may be willing to let you have 2 of his weeks in the future to... Read more »
Q: we have had custody of our 11 year old grand daughter since she was 5 thru a chapter 5 award by the Franklin County,
judge and we have tried to adopt her to ensure she is protected and that she is finacially provided for. We have been told that we cannot do that without the mothers consent. she has made no attempts to stop using drugs or comply with anything to at least get visitation rights. what can we do to... Read more »
I've responded to your question from later today. Same response would be applicable here.
Q: who can talk to us about how to adopt my 11 year old grandchild that we now have custody of. mother will not consent
If the mother will not consent, then you have to file to get her parental rights terminated. There are 11 grounds which could justify the court terminating parental rights, in addition to determining that it would be in the best interest of the child that the parent's rights be terminated. This is... Read more »
Q: I'm paying 800 a month in child support which 95 is to the arrears that was for three kids. One child is 26 and the
Other child is 21but still paying the same. Do they credit my arrears for the other two children
They credit your arrears to the arrears, not to the payment you should be paying for the other child(ren). It sounds like you should file a Motion to Modify Child Support, to bring your main payment down (which could also cause your arrears payment to increase, but also means that the arrears would... Read more »
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