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North Carolina Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: Can I gain custody due to ex's girlfriend's drug use?

I'm concerned about the safety of my daughter because my ex, who shares custody with me half the time, has a new girlfriend who admitted to using meth. We currently have no custody agreement, and I am worried because my ex has not been himself lately. Can these circumstances help me gain full... View More

0 Answers | Asked in Family Law, Child Custody, Child Support and Legal Malpractice for North Carolina on
Q: Where can I have my case reviewed for malpractice?

I am in the middle of a custody battle and feel that I did not get a fair trial.

0 Answers | Asked in Child Custody, Domestic Violence and Family Law for North Carolina on
Q: How to pursue custody in NC after mutual protective order and assault charges?

I am the mother of two children and currently in a legal situation where their father has pressed assault charges against me, resulting in a mutual protective order. The children are residing with me fully, and there are no prior custody arrangements, though he is listed on their birth certificate.... View More

0 Answers | Asked in Child Custody, Child Support and Gov & Administrative Law for North Carolina on
Q: Can NY judge dismiss NC guardianship case despite NC jurisdiction?

I have an upcoming court date in North Carolina regarding the guardianship case for my 20-year-old autistic son to determine his incompetency. We ensured that North Carolina had jurisdiction, as confirmed by the judge and my son’s guardian ad litem here. However, a New York judge, referencing a... View More

0 Answers | Asked in Child Custody, Child Support and Public Benefits for North Carolina on
Q: How to file for sole custody in NC if father is in jail?

I want to file for sole custody of my 10-year-old child. Her father is on her birth certificate because the court added him when I sought social services assistance. He has been in jail for 5 years and has never been involved in her life. His family has never met her, and I receive no child... View More

0 Answers | Asked in Child Support, Tax Law and Child Custody for North Carolina on
Q: Can a non-working mother claim unborn child on taxes in NC?

I want to know if the mother of my child, who does not have any income and is not working, can claim our unborn child on her taxes. I am currently paying for all her bills and all expenses related to the baby. We are together but not married or living together. The baby will be born in June, and we... View More

0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: How to establish custody/visitation in NC with no prior agreement?

I was divorced two years ago, and no custody arrangement was established for my son. My ex-wife and I have only verbal agreements, which she doesn't uphold; she only lets me see our son when she isn't dating someone. I live in North Carolina, about an hour away from her. I haven't... View More

0 Answers | Asked in Child Support, Child Custody and Business Law for North Carolina on
Q: What can I do about non-payment of child support?

I have a court order from Maine for child support and custody with my ex, who has not paid child support for at least four months. He frequently changes employers to avoid wage garnishment, and Maine consistently has to track him down. I recently discovered that he has started a business that he... View More

0 Answers | Asked in Child Custody and Civil Litigation for North Carolina on
Q: CANCELED Status Review & DSS records in NC child custody case.

I am involved in a child custody case without legal representation. Recently, I noticed on the county website that a 'CANCELED Status Review' and a 'MOTION FOR DSS RECORDS ORDER DUE FROM 1/25/24' were noted. The DSS records were initially requested because the father made false... View More

0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: Help needed for custody dispute in NC with financial considerations

I am the defendant in a custody/visitation dispute in North Carolina. We have a judicial judge, but no court date has been set yet. I need assistance to ensure I have all necessary information to support my case. I'm also looking for a lawyer who can work with me financially, possibly... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for North Carolina on
Q: How can a father disestablish paternity in NC if previous tests conflicted?

I had a DNA test when I was 14 weeks pregnant, which confirmed him as the father. In 2023, he did another DNA test that indicated he is not the father, but he didn't inform me of this result until November 2024, after I served him with a child support order. We have a court-ordered DNA test... View More

James L. Arrasmith
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answered on Feb 19, 2025

In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.

Your case presents several complex factors that could affect the...
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0 Answers | Asked in Child Custody and Contracts for North Carolina on
Q: Can I refuse a hair follicle test if custody agreement specifies urine tests?

I have a custody agreement with the father of my children, which specifies that if he believes I am using drugs, he can request a urine drug test. However, he is now demanding a hair follicle test. I have confirmed that the agreement only specifies urine tests. What can I do to address this... View More

0 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for North Carolina on
Q: I have a strong case against DSS and in desperate need of representation I also know my parental rights were violated

Kids were taken and put in foster care, I’ve been fighting this for a year now, I need help!

1 Answer | Asked in Child Custody, Civil Rights and Family Law for North Carolina on
Q: How can I legally live apart from my parents at 17? And, if not, can the police make me go back?

My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More

James L. Arrasmith
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answered on Sep 12, 2024

Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... 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

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