Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Angela L. Haas

2 Answers | Asked in Child Support and Family Law for North Carolina on

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 »

Angela L. Haas answered on Sep 9, 2019

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 »

View More Answers

1 Answer | Asked in Child Custody for North Carolina on

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 »

Angela L. Haas answered on Sep 5, 2019

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 »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on

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?

Angela L. Haas answered on Aug 28, 2019

That would be kidnapping. The father should contact law enforcement.

2 Answers | Asked in Family Law for North Carolina on

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.

Angela L. Haas answered on Aug 26, 2019

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 »

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on

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

Angela L. Haas answered on Aug 13, 2019

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

1 Answer | Asked in Family Law for North Carolina on

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 »

Angela L. Haas answered on Aug 12, 2019

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 »

3 Answers | Asked in Estate Planning for North Carolina on

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.

Angela L. Haas answered on Aug 8, 2019

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 »

View More Answers

1 Answer | Asked in Child Custody, Family Law and Child Support for North Carolina on

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.

Angela L. Haas answered on Aug 1, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

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.

Angela L. Haas answered on Aug 1, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

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?

Angela L. Haas answered on Jul 30, 2019

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 »

2 Answers | Asked in Estate Planning for North Carolina on

Q: How do I check if an estate has been recorded at clerk of courts in NC

Angela L. Haas answered on Jul 30, 2019

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.

View More Answers

1 Answer | Asked in Child Custody for North Carolina on

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

Angela L. Haas answered on Jul 24, 2019

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

1 Answer | Asked in Child Custody and Child Support for North Carolina on

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.

Angela L. Haas answered on Jul 23, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for North Carolina on

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

Angela L. Haas answered on Jul 23, 2019

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 »

1 Answer | Asked in Family Law, Adoption and Child Support for North Carolina on

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 »

Angela L. Haas answered on Jul 23, 2019

Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.

2 Answers | Asked in Estate Planning for North Carolina on

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.

Angela L. Haas answered on Jul 23, 2019

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 »

View More Answers

2 Answers | Asked in Child Custody and Family Law for North Carolina on

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 »

Angela L. Haas answered on Jul 13, 2019

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 »

View More Answers

1 Answer | Asked in Adoption for North Carolina on

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 »

Angela L. Haas answered on Jul 11, 2019

I've responded to your question from later today. Same response would be applicable here.

1 Answer | Asked in Adoption for North Carolina on

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

Angela L. Haas answered on Jul 11, 2019

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 »

1 Answer | Asked in Family Law and Child Support for North Carolina on

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

Angela L. Haas answered on Jul 11, 2019

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 »

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.