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North Carolina Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Can I request from judge a homestudy for myself to have niece and nephew placed in kinship care with myself.

Kids are in foster care right now. No reason for dss to not place them with me instead. Dss is suppose to place me on the relative form and mail me an acknowledgment letter stating I'm a relative and I haven't received that either. DNA test should have came back for my brother proving I... Read more »

0 Answers | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can the biological father sign the birth certificate?

The woman is the one that is separated but still legally married. The biological father wants to sign the birth certificate but is not sure if they are legally allowed to due to the woman's leagal marital status.

0 Answers | Asked in Family Law, Child Custody and Civil Rights for North Carolina on
Q: What can I do if no one is impartial during my custody case and I think my case should be seen by a supervising judge?

I'm a non-custodial out-of-state parent in a 7 year-long custody case. Ex & I share a child, he filed for custody in his state alleging a bad home environment and drug use. Prior to that, I was seen by CPS in both states, and drug tested prior to court, with no issues. I went to court on... Read more »

0 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Voluntarily signed temporary custody of children to grandmother who now wants child support or will sue. Is it legal?

Grandmother has had them for 4 years. Child support never brought up. I buy them everything they need. I just don’t have a proper home to keep them full time. All of a sudden she said she is going to court to get child support from me. I also gave temporary custody so they could stay at a... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: How can I admit text messages as evidence

I just went to court and got visitation and shared legal as of June 13. The mother has now filed motion to cancel the 1 overnight a week and to get full legal and no Christmas time as well as no phone calls. I would like to admit text of her not allowing me to be present and have access to our... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Under a court order, do I have to force my 14 year old to visit her mom if she's saying its not emotionally safe?

Under a court order and 14 year old doesn't want to go to visitation this week. She OD'ed recently and says its too much to be there. Many issues seem to be attributed to their relationship with their mom. Her 17 year old sister doesn't go and has been doing better mentally. Both... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Child Protective Services (CPS) drug tested my ex. I believe he failed. How would I get the results?

CPS explained they can’t tell me the results because of privacy act. I thought that was for insurance companies and employers. What can I do to get these results?

0 Answers | Asked in Child Custody for North Carolina on
Q: I just went to court for an ex parte on Monday. If I feel my child is being abused can I get it overturned?

My daughters father has emergency custody thru an ex parte but if I feel my child is being abused is there any way I can get it over turned?

0 Answers | Asked in Child Custody and Domestic Violence for North Carolina on
Q: My daughter's ex-husband spit in her son face which is his son to she did call the law and she did press charges but

They still have not arrested him. What can she do about it. It happened in marlboro County sc the baby is 2 years old he was vee abusive when they were married. She took him to go see him and his family because his grandmother passed away and of course as usual my grandson father was high.

0 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: Can birth parents who still have parental rights while child is in state custody voluntarily give up kids for adoption?

My sister-in-law just lost her kids today in North Carolina. I previously adopted 2 of her children and she is willing to give me these 2 as well. Can she voluntarily sign relinquishment’s over to me while kids are in state care? The father is willing to sign them as well.

0 Answers | Asked in Child Custody for North Carolina on
Q: In NC, can grandparents interfere with custody if mom remarries against their will?

Mom & child live with maternal grandparents. Child is 15 and being manipulated because grandma doesn’t want him to move out. Dad is non-custodial and lives in another state. Mom is being told to choose between kid and marriage or lose kid to grandparents. Dad has not been consulted.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a question about kids and visitation with ex husband.

I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 25, 2022

No, there really isn't.

The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support...
Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Do grandparents get rights in North Carolina?

I have a 13 month old baby girl. Her dad and I recently separated. He is threatening to take me to court so that his dad and stepmom can have rights to our baby. I don’t want my baby anyone near those people and they have disrespected me in so many ways. I’m not keep her away from her dad... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 23, 2022

A typical custody order that gives one parent "x" amount of custodial time and the other parent "y" amount of custodial time does NOT have any restrictions about what each parent can do with their respective time. So there is always the real chance that the other parent will... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can I force my teenage son to take a paternity test for an alleged child?

My son wants to be involved , but wasn’t allowed to sign birth certificate and is at the mercy of the teenage moms schedule as to when he can see the baby. He is also only allowed to see the baby at her house when it’s convenient for her. My son is so afraid of upsetting the mother that he... Read more »

Angela L. Haas
Angela L. Haas
answered on Apr 13, 2022

If he can't access the child, he won't be able to get a paternity test, without a court order. He could (through you as his "guardian") file for custody/visitation of the child, and then it would be up to the mother to prove that his is not the father. Once he has access to the... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Child custody. Currently a every other week court ordered agreement but other parent disappears frequently.

We current have an every other week schedule but other parent hasn’t been able to uphold this agreement so I have taken care of the weekly and now they have disappeared multiple weekends and been unable to be contacted or located. Do I have a case to get full custody with limited/supervised... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 7, 2022

Of course you should consider consulting with a local family law attorney for a better answer, but you likely do have grounds to seek to modify the existing custody order. Despite his recent behavior, I would imagine that a judge thinks this person should still have some contact with their child,... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my ex-husband dictate who I date and have around my children?

My ex-husband and I officially divorced in January of 2022. We have two children, aged 10 and almost 5. He's gone from being a very cooperative co-parent to a unreasonable co-parent in a matter of 2 weeks. He is now trying to tell me that my children are not allowed at my house because I live... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 8, 2022

Is there a custody order? Without a custody order explicitly barring either party from exposing the minor children to persons you are dating, there shouldn't be anything stopping you from dating who you want to date and acting in the manner you seem to do doing. That said, there does need to... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: My husband and I have emergency custody of his daughter. Mom wants to take her out to dinner. Should we allow this?

My step-daughter's biological mother was in a bad relationship, got arrested, has done drugs, wrecked her car, threatened to harm herself, and we have had emergency custody since mid-January. Mom is out of jail, and has moved out of the home she shared with her husband. Should we allow her... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 8, 2022

It is difficult if not impossible to accurately answer this question without a full consultation. That said, I wonder what you are thinking "full" custody actually is, and how realistic it is that you will get it. Mom may not have a strong custody claim, but it seems like she wants to... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: is it legal for my parents to keep me at home until i graduate even though i will already be 18

i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 24, 2022

You legally can move out since you are 18, but if you do, your parents could easily stop supporting you, so this is a decision you will have to think carefully about.

1 Answer | Asked in Child Custody for North Carolina on
Q: The father of my son served me papers to try for custody where do I go crime here
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 10, 2022

I'm going to operate under the assumption that the word "crime" in your question was a typo and was meant to say "from."

You will need to try and determine what amount of custody he is seeking, and evaluate whether the two of you can come to an agreement on how to...
Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: The mother of my child issues to me unfair and lopsided visitation rules when neither of us went to court at all

She also loved to bring up the point that I should be lucky because I could not be seeing him at all I feel that deep down inside this is not legal but I have no knowledge of the judicial system of how to combat this evil

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 22, 2021

There isn't really a question here, but it sounds like you need to file for custody and let the court sort it out. I have no idea what sort of 'rules' she is making you follow, but there is a good chance that you aren't being treated fairly. You may not have the resources to... Read more »

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