Lawyers, Answer Questions  & Get Points Log In
North Carolina Child Custody Questions & Answers
0 Answers | Asked in Child Custody for North Carolina on
Q: Can I file for full custody if I've been raising my 2 kids alone bever any help from the bio mom nor do we hear from her

I currently and always have had my 2 girls alone they're bio mom left when they were 4 and one 7 they are now 16 and almost 13 I am they're father. They're bio mom has never gave any support doesn't call for a year or so at a time hasn't seen them in years and has only... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: I let my 15 year old stay with her aunt for 1 school year. To spend time with her. Now she won't give her back.

I let my 15 year old stay with her aunt/father's half sister for 1 school year. To spend some time with her other family. Now they will not give her back, because my daughter is saying she doesn't want to live in this town. Her aunt let's her do whatever she wants. I am currently... Read more »

0 Answers | Asked in Divorce and Child Custody for North Carolina on
Q: soon to be ex husband is renting a place that has only 2 bedrooms in it, and he plans to move his girlfriend and her kid

into the home, leaving nowhere for our 3 kids to sleep or have anything is that allowed in north carolina, with him being able to keep the kids over nights and trying to have 50/50 custody

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: How am I able to use evidence found on a phone that is not mine

I went through my sons phone that his grandparents pay for and found some messages that I need to use in court. The phone is his, but the grandparents pay for it who he lives with.

0 Answers | Asked in Child Custody for North Carolina on
Q: I don't believe the social worker has any reason to want a hair follicle test do u

I completed parole passed every drug test and my girlfriend passed every drug test we've got our own home we pay all our bills early we are doing everything right now all of a sudden out the blue the social worker is wanting a hair follicle test I do not believe there's a single reason... Read more »

0 Answers | Asked in Child Custody for North Carolina on
Q: Do you answer custody case questions

Do u answer custody case questions

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... Read 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...
Read more »

0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: I didn't take a drug test for d s s and they removed my child. What can I do to get my child out of foster care asap

I didn't know they would remove my child if I didn't take the test. I would have taken the test had I known that but now my child is in foster care not even with family or someon. He knows and court is in 30 days And the 1st appearance court though they were making a plan to place him... Read more »

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get supervised visitation for my son.
N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

In North Carolina, visitation is considered a type of custody. Anyone who believes they have or should have the right to visitation may sue for custody. Usually, a custody lawsuit must be in the county where the child resides. Like any type of lawsuit, there is special language that needs to be in... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: How do I contest a divorce?

My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.

Stephen Edward Robertson
PREMIUM
Stephen Edward Robertson
answered on Jan 19, 2023

In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: Can I adopt in NC with ADHD?
Stephen Edward Robertson
PREMIUM
Stephen Edward Robertson
answered on Jan 18, 2023

According to statute in North Carolina any adult may file to adopt a child. If you want to adopt a child the clerk or judge dealing with special proceeding actions will Order a Home Study. The home study will include the following:

physical and mental health, financial information, the...
Read more »

1 Answer | Asked in Child Custody, Family Law and Criminal Law for North Carolina on
Q: Nc child custody lawyer need help. Have to go back and want to know gull extend of options believe been screwed

Had custody case got 5050. Unsure never got a final copy and has been 4 years. Problems have persistent need to go back feel like right have been violated with the case need help going back

Stephen Edward Robertson
PREMIUM
Stephen Edward Robertson
answered on Jan 12, 2023

First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,... Read more »

1 Answer | Asked in Child Custody and Military Law for North Carolina on
Q: Does only the judge have to sign a temporary custody agreement due to military deployment (this is after he deployed)

On the order filed against us, they crossed out where the plaintiff, defendant and her attorney would have signed. Are they not required to sign the “motion” that was filed? My husband had primary custody of my stepdaughter that I have raised for the last 8 years and BM moved to NC when she... Read more »

Sean F. Mangan
Sean F. Mangan
answered on Sep 12, 2022

A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: What do I do if my sons father wants to break our custody agreement and I have primary custody
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jul 26, 2022

Your options depend on whether you have a "custody agreement" or a "custody order." If you merely have a "custody agreement," it is likely not an order of the court, and you could not hold your husband in contempt of court if he acted contrary to the terms. On the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.