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North Carolina Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: I would like to know if my children’s absent father has any legal right to them or a validity of a future custody case?

He has been absent since my twins’ birth in 2020 with documented substance abuse issues. Paternity was never established, he is not on their birth certificates and we were never married. There have not been any custody, visitation, or child support cases filed in the past. He is arguing for... View More

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Hi how can I be allowed visitation with my husband's children when a judge ordered me not to. All parties agree to visit

My husband's ex-wife did not want me to have relationship with my husband's kids. Now 8 years later she wants the kids to come up and visit to our home. To protect myself I want some documentation to be put with the courts or for her to ask the judge to cease the order saying I was to... View More

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My ex husband got ex parted orders of divorce and equitable distribution and temporary sole custody of our son

Me and my son went for a tour and my ex husband took advantage and got our house on his name he cut down my name by filing order 55 or 77 and in equitable distribution he took every thiy100% on his name and got our son's sole custody temporary.

Can we ask to reverse or cancel these... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can I move out of our family home with my children?

I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: Do I have to speak with CPS on behalf of a friend, or will they subpoena me to court?

I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More

T. Augustus Claus
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answered on Jan 3, 2024

In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's 12 she has been staying with her dad for about 2years she no longer wants to stay there and doesn't want

To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.

T. Augustus Claus
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answered on Jan 2, 2024

If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e

My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?

James L. Arrasmith
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answered on Dec 25, 2023

If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.

In this situation, it's advisable to...
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1 Answer | Asked in Child Custody, Family Law, Gov & Administrative Law and Municipal Law for North Carolina on
Q: If a building inspector deems a house is against the building code, will they get dss involved for child safety?
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answered on Sep 13, 2023

A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More

1 Answer | Asked in Family Law, International Law, Divorce and Child Custody for North Carolina on
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday

Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More

James L. Arrasmith
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answered on Aug 6, 2023

To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I have joint custody with my ex. He recently moved and won’t provide his new address

I have primary custody he only receives visitation every other weekend. I asked for the new address and he refuses to send it. Does he have to give me the new address before I release her into his custody?

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answered on Jul 7, 2023

if your ex is refusing to provide you with his new address in violation of your custody agreement or court order, you may have legal options available to address the situation. You have grounds to take legal action, such as filing a motion with the court to enforce the custody agreement or seeking... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: How does my dad get full custody of me ?

My mother yells at me alot and makes me cry and she makes me feel like I am nothing and I dont want to be around her toxic environment

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answered on Jul 5, 2023

I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when... View More

1 Answer | Asked in Contracts, Family Law, Child Custody and Legal Malpractice for North Carolina on
Q: I am unsure how to proceed with this situation

Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 14, 2023

You may need to find a new attorney before getting the retainer back as that will likely be contested.

If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.

1 Answer | Asked in Child Custody for North Carolina on
Q: How can I remove a non-biological father off of a child’s birth certificate when that individual is fighting me on it?

The biological father wants to be involved & I would like to legally change the child’s name as well & the non biological father is also contesting that.

Angela L. Haas
Angela L. Haas
answered on Jun 3, 2023

if the biological father wants to be involved, then HE needs to file an action for paternity and child custody. The non-biological father will have to be made a party to the action, if he is on the child's birth certificate. After paternity is established, the child's name can be changed,... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for North Carolina on
Q: At my adjucation hearing 1st time on, CPS filed for non-secure custody on half truths and lies that I can prove...

Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2023

You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.

If you did present that evidence during the hearing, you can appeal the court decision.

As for “filing” against...
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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If a man abandons or signs over his rights to a previous daughter, will a judge grant custodial rights of our children?

He was physically active in his previous daughters life for several years then decided to sign over rights because he did not want to pay child support. WE ARE LOCATED IN NC

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

A judge will look at the totality of the circumstances and decide what's in the "best interest" of the child who is the subject of the custody litigation. In theory, terminating a parent's rights for one child could be in that child's best interest, while giving the same... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I'm the primary legal and physical parent for my children.my current order only stayed I must notify other parent of

Contact information/ address in writing. There are no geographic limits except for traveling for vacation by giving other parent notice and itenary. Does this mean I can relocate out of state at anytime

Nova Levante
Nova Levante
answered on Apr 15, 2023

Based on the information provided, you are the primary legal and physical parent for your children, and the current order only requires you to notify the other parent of your contact information and address in writing. There are no specific geographic limits in the order, except for when you travel... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: My parents adopted my cousin and they live in Georgia. I want to take custody of her and move her to NC with me. Can I?

She is 16 years old. I am 28 and married. I have a 2 bedroom apartment. My parents are willing to let her go, just not to me. I want to be able to register her in school here in NC. What can I legally do to help her. She is being abused and neglected. CPS has already been called, but my parents... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 7, 2023

You may want to speak with attorneys who practice in Georgia. Although there's always room for exceptions, the laws of the state where the child resides usually govern.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I filed to register a foreign order in smithfield do I need to wait for a court date to file a motion to show cause ?

I have custody and my exwife violates the court order constantly

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

When registration papers are filed to register a foreign order, the only issue the new state will usually deal with is whether or not to register the order. Meanwhile, the other state still has jurisdiction over the order until the new state decides that the "foreign" order is now a... View More

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