Questions Answered by Angela L. Haas
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 »
Q: Does it matter that custodial parent doesn't work or financialy support kids at all
So my son technically pays the bills Cause he gets disability but doesn't require 24hr care kids get food stamps she doesn't financially support kids at all does it matter
You should be paying something with a portion of your disability income. If she is intentionally not working, in order to avoid her child support obligation, then "yes" it matters.
Q: My husband’s daughter turns 18 next week, His ex wife pays medical insurance with us paying 60% if expenses not covered
The daughter is having dental surgery after her 18th birthday and the ex wants us to pay the 60%. Do we have to pay or are we off the hook since she is 18?
Assuming she has graduated from high school, and the agreement/order states the child support ends at age 18 (and graduation from HS), then your husband is not obligated to pay. However, it sounds like it was scheduled ASAP before she turned 18 and that (without knowing "the rest of the story") the... Read more »
Q: My brother in law is have an situation with his child mother. He wants to get custody of her. What should he do?
The mother contact the family in October tell us that she need the child to come here because they we're homeless. Now she is wanting to move back to Washington to live couch to couch again. We want to make sure we stay in contact with her because this is not the first time the mother has been... Read more »
Your brother-in-law needs to file a Complaint for Custody. Prior to that, it would be best for him to at least meet with a family law attorney about his case. The attorney can help guide him on what to do (and what not to do).
Q: My sister and I bought property in NC together. The deed reads as "Joint tenants in common with right of survivorship"
My sister and I bought property in North Carolina together. An attorney filed the paper work and the new deed reads "Joint tenants in common with right of survivorship". I understand (matches the situation exactly) the "joint tenants in common". I understand that the ROS keeps the property out of... Read more »
The spouses would not inherit, because the property would pass to the survivor and only the survivor's spouse would inherit (maybe). I say "maybe because I've never of "joint tenants in common with a right of survivorship". It's "tenants in common" or it's "joint tenants with a right of... Read more »
Q: my boyfriend has had full custody of his daughter for 3 years but still owes back child support can it be cancelled?
He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).
Q: Can I leave my 16-year-old son home alone for several nights with food, phone and people checking in on him?
You can, but if there if there is someone he can stay with, that might be a better idea. It also depends on his maturity level, and how and how often someone would be checking in, how far away you are going, and whether he knows what to do in an emergency. If he has another parent or someone close... Read more »
Q: Good morning, I would like to know how to obtain a legal separation in North Carolina.
My wife left me on 01/04/2019. Whereabouts unknown.
Legally, you are already separated. If you are looking to have a Separation Agreement which addresses all other outstanding issues relevant until you can get your divorce, you'll need to find her. Otherwise, you can file for divorce on January 5, 2020. Once the divorce decree is entered however... Read more »
Q: I have had my cousins son since April 13th in NC, she lives in MD. Which state do I need to file legal guardianship?
The child is 2 years old. His mother and father let him stay with me bc if their living situation and both being on drugs. Do I need to go to MD and file with the courts or can I do that in NC?
You can file in MD now, or wait until October 14th and file in NC. If NC, you would be filing for Custody (not guardianship). The parents can sign a Consent Order for Custody, which will give you what you need to take care of the child, and if their situation changes, they can file to have custody... Read more »
Q: I was talking with a coworker of mine who is going through a similar situation as me with putting my son’s father
on child support. She said that he can go to court to get joint custody. I don’t understand. How he could think to do that when he’s not even around our son, he’s with me all the time. I asked my mother about this and she said that he could. My question is even with child support going... Read more »
Yes. He can file for custody. Joint custody is not something you can "opt out" of having to do, if the court orders it. He can ask for joint custody at any time, even if he is not asking for it now.
Q: If court order says that the father has temp. custody. And the child is living in grandparents home can I get her back?
Are you the father, mother, grandparent, etc.? Is CPS involved and if so, did they have the child placed at the grandparents' home?
Q: I think my husband is trying to get me for abandonment and child custody. What should I do?
Husband is in family home after work with children until I come home after work and a beer at my apartment. He made it impossible for me to stay there. I got apartment to get away from him yelling at me and all the arguing. I always sleep at home with my husband and children. My husband is starting... Read more »
It is fine that you got an apartment; however, it sounds like you need to file for custody as soon as possible. There are other things you can do to protect yourself and the evidence which you will need for your case. Consult a separate attorney about how best to go about this, if your current... Read more »
Q: Can my son mother be held responsible for her 14yr niece getting pregnant by a 21yr living under the same roof?
So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up having to... Read more »
She could if she knew it was happening, and she let is happen in her home. Additionally, her children could be removed from her care.
Q: Can someone from Kentucky have there name on a deed in north Carolina
Yes. They can, assuming there is a valid transfer to him/her (with or without other joint owners). They will also be legally responsible for his/her share of the annual taxes, and other liabilities associated with the property.
Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be
taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... Read more »
Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without filing a... Read more »
Q: I was divorced in Florida in 2010, i had my daughter for 5 years, alone, until 2015.
In 2015 florida courts granted custody to my ex wife who had hardly had any part in her life until then. (I believe due to gross misrepresentation, since my attorney was fired afterwards and i was not charged what i owed.) Now my daughter is 11 and still living with her mother, in onslow county.... Read more »
If you are going to register the Order now, it would need to be in NC (Onslow County). Once registered, you should file a Motion to Modify Custody. While you are at it, you may want to include a Motion to Modify Child Support in the same filing. Consult with an attorney about more of the specifics... Read more »
Q: I'm 18 in NC. My parents kicked me out without notice. Aren't they supposed to have a written notice in advance?
Long story. I pay some Bill's and am working almost full time.
Actually, it would depend on what bills you were paying (i.e., part of the rent/mortgage, utilities, etc.). If you agreed to pay some bills in exchange for being able to live there after you turned 18, then technically you are a tenant, and they must give you advanced written notice or evict you.... Read more »
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