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answered on Dec 28, 2020
A power of attorney is not effective after death. You need a will. To make sure the will does what you want it to do, you should have an estate planning attorney draft, or at least, review it.
I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have... View More 
answered on Dec 20, 2020
Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.
answered on Oct 24, 2020
If you move out before the age of 18 without an order from the court that you are emancipated, your parents can have you declared an undisciplined or runaway juvenile and have you returned to the home by law enforcement. Or they can do nothing but since you're not 18, you can't get a job... View More
My parents will not let me leave. I live in NC, I am 16 with a job. I have a place to go. I have read that I need to be moved out and have lived in that location for a certain period of time before being emancipated, is this true?
answered on Oct 23, 2020
Technically no. Although it helps. Here's an article that I wrote with all the details. https://averettfamilylaw.com/?s=Emancipation
answered on Aug 3, 2020
It appears that you're posting from Tennessee. Are you getting divorced in Tennessee? If so you need to post your question in the Tennessee forum.
Legal aid typically does not handle divorce cases in North Carolina. You can go to a workshop where they'll show you how to fill out... View More
answered on May 18, 2020
Emancipation is more complicated than just signing papers. The following blog has the requirements for emancipation in NC. If you have additional questions, you will need to hire an attorney to assist you. https://averettfamilylaw.com/?s=emancipation
By leave home I mean go to a friends house and be back by state curfew.
answered on Apr 10, 2020
It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.
answered on Mar 2, 2020
The state is probably taking you to court for child support because the mother is on public assistance. Under federal law, the state has to do that. So basically other than hiring an attorney to make sure the child support amount is not higher than it would be otherwise, there's nothing you... View More
I’m the plaintiff needing to find the form to answer defendants counterclaim. Thank you!
answered on Feb 29, 2020
It's called a reply and there is no form. Like the answer,you need to admit or deny each paragraph of the counterclaim..much like the answer you have received. Or hire an attorney.
Even know the case was dropped they are trying to add another child to an order that was dropped years ago, and the child has not been proving mine what can I do?
answered on Feb 21, 2020
Ask for a DNA test, assuming you were not married to the child's mother. Yes, child support can be brought up at any time before the child's graduation from high school or age of 18, whichever is later.
How do I know if and when my divorce finalized? And how long must I wait to remarry? I know for a fact that he has plans on remarrying as well so there will be no appeal. We ended this marriage non contested, outside of court, and are on good terms.
answered on Feb 6, 2020
When you say you "got a divorce," did you go to court, or have an attorney go to court for you to have a judge sign a divorce order? You are divorced as soon as a Judge signs the order saying you are divorced and it's filed with the clerk. If the divorce has been done correctly, you... View More
I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.
It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... View More
answered on Jan 21, 2020
There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... View More
answered on Jan 20, 2020
There is no form. Interrogatories and requests for production of documents are case specific, and subject to a wide variety of rules including the rules of evidence, civil procedure and case law. You should consult with an attorney before proceeding.
members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?
answered on Jan 18, 2020
No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... View More
I am not US citizen and I am planning to reside out of US with a child who is US citizen by birth. My husband , who I am separated from , is US citizen too. He agreed that child lives with me abroad. My question is about child support, if I am not US citizen and live out of US, is my husband... View More
answered on Dec 29, 2019
Yes, but the proceedings need to be filed where he lives so it can be enforceable against him in his jurisdiction.
The mother of the child refuses to let the father see their son because he does not want to be with her. It’s been 2years since he’s seen his son. The mother is married to someone else and does not want the father to know anything about their whereabouts. She told the father in order for him to... View More
answered on Dec 27, 2019
He needs to hire an experienced family law attorney in the jurisdiction where the child lives and take mom to court.
She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... View More
answered on Dec 22, 2019
She needs a family law/divorce attorney with experience in domestic violence issues, who practices in the county where she lives or where her husband lives.
Father resident in alamance and child in Ashe but court in orange
answered on Dec 17, 2019
The county where a case is filed is referred to as 'venue'. Venue is proper where the plaintiff, the defendant or the child lives, or where most of the evidence and witnesses are. But filing in a county does not have proper venue is not grounds to dismiss the case, it's just grounds... View More
are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?
I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... View More
answered on Dec 3, 2019
No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.
Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?
answered on Nov 23, 2019
Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... View More
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