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Questions Answered by Krispen Culbertson
3 Answers | Asked in Family Law for North Carolina on
Q: I need to know what I should do about taking a drug test for department of social services

I kept my friend out that I was living with because she was stealing from me and she ended up calling DSS on me and saying that I’m doing drugs around my child will DSS came out and talk to me and look them up please and said that everything was fine that it doesn’t look like I’m on any drugs... Read more »

Krispen Culbertson
Krispen Culbertson answered on Nov 5, 2019

I'd just like to stick to answering your question:

(a) Yes, you have the right to refuse the drug test on any grounds.

(b) If you do, I'd make sure to have a private screen at your soonest opportunity following the DSS request.

(c) Not all Judges prefer hair follicle....
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3 Answers | Asked in Family Law for North Carolina on
Q: My husband bought our marital/family home prior to our date of marriage and I was never added to the deed or mortgage.

I was forced out of the home with our children due to constructive abandonment for domestic violence almost a year ago. However, we remained working on our relationship regardless of the disputes dealt with in court. Now that I have refused to drop my claim for child support, my husband refuses to... Read more »

Krispen Culbertson
Krispen Culbertson answered on Oct 22, 2019

Your husband owns the home, but any mortgage payments during the course of the marriage could constitute marital property.

It is a complex situation and you'll need to consult a lawyer.

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1 Answer | Asked in Family Law for North Carolina on
Q: My 14 yr old son is threatening to runaway. Who can I contact to try and stop this before it happens
Krispen Culbertson
Krispen Culbertson answered on Oct 10, 2019

As much as I hate to say this, there aren't any good options, short of serious vigilance and professional counseling.

Your other options:

(a) Call the police, who will say they don't normally act in that kind of capacity -- still, they might agree to give him a talking to;...
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2 Answers | Asked in Juvenile Law for North Carolina on
Q: Is it legal for a minor to be questioned without his gurdian or lawyer present in the state of North Carolina
Krispen Culbertson
Krispen Culbertson answered on Oct 8, 2019

It depends upon the context. Is it a criminal investigation or testimony (or witness interview) in a criminal case?

If it's criminal, yes. A cop can question a minor as part of a criminal investigation.

If it's civil, it depends on many things and we'd need to know if it's...
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2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: During a separation can one spouse take the other to court to get money or visitation with kids?

He was on drugs and I put him out. He has taken personal possessions but I refuse to give him money. I know what he’ll do with it. Can he do anything before the year is up?

Krispen Culbertson
Krispen Culbertson answered on Sep 23, 2019

Yes, if there was a marriage, he theoretically can file as a "dependent spouse" for what is called post spousal support. He'd probably need to consult with and pay an attorney to figure this out, however. The pleading requirements are a little complicated. He could also ask for what is known as... Read more »

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I have a 50B no contact on my wife. After I told her I was separating because the relationship is toxic.

In my case I want to file for bed and board divorce and I’m moving our before the 10 days on the 50b. What if she files the bed and board before me? Or what if we both file at the same time?

Krispen Culbertson
Krispen Culbertson answered on Sep 16, 2019

The question itself doesn't make sense from a legal, procedural standpoint. Divorce from B&B and 50B are two very different things. I would suggest strongly that you get legal advice in person. Just call someone in your jurisdiction and set up a consultation.

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3 Answers | Asked in Family Law for North Carolina on
Q: Can I be sued for visitation rights if I have proof by texts and pictures that the other parent has been making. Visits

I was served summons papers yesterday by ups

Krispen Culbertson
Krispen Culbertson answered on Sep 16, 2019

Yes, you can be sued for court ordered visitation in order to settle the rights of each party by court order.

At the hearing on that motion or suit you'll have the right to present your text evidence and to show the judge you've been acting in good faith and are therefore a fit parent to...
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2 Answers | Asked in Family Law and Probate for North Carolina on
Q: Right after my husband passed away I had a relapse in that time I signed everything over to his adult children .

His son manipulated me and told me he had the money to fight me and I would get nothing . His father and I had been split up for a year but I still took care of him . his son give me 5000 but my id wasn't even valid and I dont remember signing the papaers due to me doing pills trying to cope with... Read more »

Krispen Culbertson
Krispen Culbertson answered on Sep 3, 2019

A lot will depend on whether you can establish "duress" in forming the contract with the son. There is a presumption in North Carolina that absent a will, the biological children over a second wife, but this can be overcome with good evidence. If $5,000 was exchanged at time of your signature,... Read more »

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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Farther has primary custody. He has not fixed minor child’s teeth in six months. What can I file to get him in trouble?

Father has primary custody. I only see minor child every other weekend. She has four cavities. I told him to get them fixed. He tells me he will but never does it. I can’t take her to dentist and do not have the policy number. He denies me the information. The temporary parental order doesn’t... Read more »

Krispen Culbertson
Krispen Culbertson answered on Aug 27, 2019

The custody agreement or order (if there is one) will provide the remedy. If the father is obligated under the consent or custody order -- or under a custody agreement -- to provide orthodontics services, your lawyer can make a motion to show cause for contempt to ask a judge to force him to do... Read more »

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