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Questions Answered by Adam Bull
1 Answer | Asked in Child Custody for North Carolina on
Q: I am 16 and I believe I’m pregnant. My mom does things that I do not want my child anywhere near can I legally stay

Somewhere to keep my child away from that? I’m also scared that my parents will try to hurt my child why can I do to prevent that? I’m also terrified that my parents will keep me away from the babies dad can they legally do that?

Adam Bull
Adam Bull
answered on Nov 12, 2019

If you are in danger for yourself or your child, you should call social services and or seek a restraining order. You also need appropriate prenatal care for your child.

Legal services should be able to assist you.

2 Answers | Asked in Child Custody for North Carolina on
Q: i’m 17 i’ll be 18 in february. can i move out w/out parents permission && without emancipation?
Adam Bull
Adam Bull
answered on Nov 8, 2019

No. You would be subject to an undisciplined petition being filed against you. Unless there is actual physical or sexual abuse, given you admit you are unable to care for and provide for yourself, I suggest you try to address what if any behaviors are creating the issue in the home, and at worse,... View More

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1 Answer | Asked in Child Support for North Carolina on
Q: Parent is on LOA from work, not paying c. support wo any documented medical reason, Can I file a MSC?

Case is with CSA, but they refuse to file a MSC until she goes back to work and refuses to pay c. support. Parent had minor hip surgery back in Apr 2019. She is healed, no complications and 8 months later still refuses to go back to work. CSA filed a motion to reduce, but Parent did not provide... View More

Adam Bull
Adam Bull
answered on Nov 7, 2019

Sounds like CSEA is the problem. if she has stopped paying and there is no court order suspending her payments then she is in violation and there should be a show cause issued. you can hire a private attorney to pursue this. If you are the recipient CSEA cannot file a motion to reduce child... View More

2 Answers | Asked in Child Support and Family Law for North Carolina on
Q: When child support is filled how don't the other parent know

How do I now when child support was filed

Adam Bull
Adam Bull
answered on Nov 6, 2019

Correct, you will be served with a copy of the papers. If you are concerned you can check with the clerks office or the local child enforcement agency to see if suit has been ibitiated.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can the mother filed for full custody even though they have a shared custody agreed verbally w/the father?

They sit and talk 2 days before she filed for custody it was clearly discuss and agreed to retained the schedule of the child with his father and will talked more about them moving some other time because she still need to attend a family gathering. But she blind sided the father and filed for... View More

Adam Bull
Adam Bull
answered on Nov 5, 2019

Either parent can file for custody at any time. Any verbal agreement is not binding or effective and is subject not only to interpretation issues but is not enforceable.

The legal test for custody is what is in the best interest of the child, not whats best for the parents.

Consult...
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2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... View More

Adam Bull
Adam Bull
answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... View More

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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... View More

Adam Bull
Adam Bull
answered on Nov 4, 2019

First, you shouldnt be using any illegal and non prescribed controlled substance while having the care custody or control of your children as this endangers them and is grounds to restrict your contact. The way to establish you are not engaging in such activity is to submit to a drug test showing... View More

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1 Answer | Asked in Child Custody for North Carolina on
Q: If you found out you had a kid 9 years later not on birth certificate are you responsible for all 9 yr of child support

No one is on the birth certificate but the mom but she was married at the time

Adam Bull
Adam Bull
answered on Nov 4, 2019

potentially. If she was married at the time there is a presumption that her husband is the father which may give you some protection. At the same time you have a duty to make reasonable follow up on your actions to see if there was a child born. You also may be subject to action from the husband... View More

1 Answer | Asked in Child Support for North Carolina on
Q: My ex went to child support court and I wasnt in form.but gave her a judgment
Adam Bull
Adam Bull
answered on Nov 4, 2019

If you were not present the court can only enter a judgment based on her information. You have a responsibility to attend to your legal matters in the same fashion you attend your other important business matters.

You can only change child support based upon a substantial change of...
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4 Answers | Asked in Divorce for North Carolina on
Q: The guy im dating has been separated for almost 3 years. If we move in together will he be obligated to pay alimony

He will have to pay alimony if we move in together

Adam Bull
Adam Bull
answered on Nov 3, 2019

Your moving in would have little effect unless she can show you were the basis for their separation. Alimony is based more on her need and his ability to pay than any marital fault, however your moving in may be a factor to trigger her actions.

Are they divorced?? Is there a separation...
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2 Answers | Asked in Child Custody for North Carolina on
Q: can i make my 14 year old daughter pay her phone bill?
Adam Bull
Adam Bull
answered on Oct 28, 2019

Certainly. Your the parent. This is a parenting decision. If she is not responsible enough to manage the use of a phone, shes not responsible enough to have a phone.

Contrary to popular youth belief, a phone is not mandatory.

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2 Answers | Asked in Family Law and Criminal Law for North Carolina on
Q: if my daughter runs away at the age of 14 can i call the police and send her to juvie or does she get a probation offic?
Adam Bull
Adam Bull
answered on Oct 28, 2019

I agree with the answer below. A child running away is a serious matter and one which creates great concern for the safety and welfare of the child. If she is "undisciplined" and wont follow or abide by your direction then DSS can initiate an undisciplined petition and have your... View More

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2 Answers | Asked in Child Custody for North Carolina on
Q: How to go about getting temporary guardianship?

My niece is 15 and her and her mom are not getting along and my niece wants to come back and live with me. I live in NC nlw and her mom lives in Maryland. Her mom has no problem with her coming back to live with ms or giving me temporary guardianship. My brother (which is her father) is... View More

Adam Bull
Adam Bull
answered on Oct 25, 2019

biological parents have a superior right to the physical custody of the children however this right is not absolute. Mom could allow child to come live with you and execute a power of attorney and a health care power of attorney however many schools will not accept this to allow you to enroll the... View More

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1 Answer | Asked in Family Law for North Carolina on
Q: So if custodial parent moves child from Mississippi to Vermont,

So if custodial parent moves child from Mississippi to Vermont, I live in North Carolina, I have to file modification in Mississippi even though child is in Vermont? I really wish I could file modification in North Carolina where I live and not have to travel all the way to Mississippi to file a... View More

Adam Bull
Adam Bull
answered on Oct 24, 2019

If the current order is out of Mississipi you have to file there and can dispute the relocation and seek a modification of custody.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... View More

Adam Bull
Adam Bull
answered on Oct 24, 2019

As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test on a child?

Mother sexually involved with 2 men. Lives with Man A. Took a prenatal DNA test with Man B that came back 99% Man B is the father. Mother tells Man B that she is moving forward as if Man A is the father.

Adam Bull
Adam Bull
answered on Oct 24, 2019

either potential father can file either a custody action or a paternity action involving child. Once paternity is raised the Court will order paternity testing. The mother cannot refuse without facing contempt. If the mother is not married there are no presumptions of paternity.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If my father is in jail and is the only surviving parent, can he give custody to my grandparents?

In my situation, I am living with my younger sister and brother with a woman that is emotionally abusive to only me and my sister. In order to get out of this, I spoke to my dad, asking him if he could give permanent custody of us to my grandparents who live in TN. My questions are: since he has... View More

Adam Bull
Adam Bull
answered on Oct 24, 2019

this can be done. the grandparents would actually need to file a motion to intervene and for custody. If dad is willing to sign a consent order this can happen quickly. The person you are with now has no legal custody.

Where is your mother and have her rights been terminated??

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for North Carolina on
Q: My nephew in PA in a bad home situation. Child Youth are doing nothing. He’s 15, what happens if he runs away!

He’s a good kid and doesn’t deserve the crap life he’s been dealt. I live in NC and want to take care of him. If it’s kept very under wraps, could we get away with it? I’m scared if she doesn’t seriously hurt him, he will hurt himself.

Adam Bull
Adam Bull
answered on Oct 24, 2019

first, any legal action will need to be done in PA as that is where he lives. You can make a report to child protective services but it sounds like that has not effected the desired outcome.

He potentially can file to become an emancipated minor which if granted would allow him to decide...
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2 Answers | Asked in Family Law for North Carolina on
Q: Modification Needed when Custodial Parent moves to another state; Non-Custodial lives in another state

court order been in place since 2015; child is 11. Custodial Parent is moving from Mississippi to Vermont, Non-Custodial parent lives in North Carolina for 8 years. Non-Custodial needs Modification for visitation, meeting location etc.

Adam Bull
Adam Bull
answered on Oct 24, 2019

jursidiction to modify any order will remain with the original Court that entered the order, until and unless they release jurisdiction. if no party or child still remains in that jurisdiction, then i suggest you hire counsel to file motion to release jurisdiction, and file a new suit seeking... View More

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1 Answer | Asked in Child Custody for North Carolina on
Q: Mediciad is making me basically forcing me to file fir child supportif I still want to be covered

I received pregnancy mediciad towards the end of pregnancy because my son wasnt going to be covered under my insurance. He is now covered by mediciad but I was told even though he is covered if want to continue my coverage id have to put the file for my the father to be on child support my casr... View More

Adam Bull
Adam Bull
answered on Oct 22, 2019

Medicaid is a form of insurance provided by the State to provide health services to low income individuals. As it is provided by the state, the State is entitled to seek reimbursement for any medical treatment provided from the responsible parent. In this fashion they will seek reimbursement... View More

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