To be blunt, you need to come up with the money to pay an attorney a flat fee to divorce him. But if you want to get child support that's a separate issue. You can go to child support enforcement on Monday and pay them $25 and they will go after him for child support whether you're divorced or not.

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answered on Jul 11, 2025

If your dad has primary custody and the custody order doesn’t include restrictions about traveling out of state, then his permission is usually enough. Since there’s no mention of needing your mom’s approval for domestic travel and you're not leaving the country, it’s likely you’re... View More

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answered on Jul 10, 2025

This is a deeply challenging situation, and it's clear you're doing your best to care for your child under difficult circumstances. Even while incarcerated, a parent can still have legal rights and responsibilities related to their child, including participating in decision-making when... View More

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answered on Jul 10, 2025

Your concerns are valid, especially when it comes to your children’s safety and surroundings. While sober living homes often support recovery and can be positive places, they are not typically designed for young children to live or spend extended time in—particularly overnight. If the... View More

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answered on Jul 5, 2025

This situation raises serious legal and emotional complications. If the Affidavit of Parentage has not been legally set aside or rescinded, the man who signed it is still presumed to be the legal father under the law—even if a later DNA test shows he is not biologically related. Until a court... View More

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answered on Jul 6, 2025

Yes, you should report this to law enforcement immediately. In North Carolina, even indirect threats—such as social media reposts suggesting harm—can be taken seriously, especially when there's a documented history of prior violence. If your daughter’s post indicates that your ex is... View More

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answered on Jul 6, 2025

If the defendant fails to respond to your custody complaint within the 30-day window under North Carolina law, the court can enter a default judgment against him. That means the judge may grant the relief you requested—such as sole legal custody—without his input. However, courts in custody... View More

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answered on Jun 25, 2025

You may have grounds to take legal action against your former lawyer if you can show that their actions—or lack of action—directly harmed the outcome of your custody case. Failing to submit critical evidence, like your GAL (Guardian ad Litem) report, may constitute legal malpractice if that... View More

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answered on Jun 11, 2025

If the Consent Order you signed has not been filed with the court and has no judge’s signature, then it is not legally enforceable as a court order. At best, it may be seen as a private agreement, but even then, its weight is limited—especially if you signed it under pressure and without legal... View More

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answered on Jun 12, 2025

Your ex-wife will need to prove there has been a substantial change in circumstances that affects your daughter’s well-being in order to modify the current custody agreement. The court will focus on what is in the best interest of your daughter, not just the preferences of either parent. Her move... View More

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answered on Jun 1, 2025

You're right to be concerned—North Carolina law does place restrictions on weapons, including stun guns, especially when it comes to minors. Under state law, it is generally illegal for anyone under the age of 18 to possess or carry a stun gun, even for self-defense purposes. Giving or... View More

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answered on Jun 7, 2025

At 17, your son's voice does carry more weight in North Carolina family court, though the custody agreement still legally stands until he turns 18 or the court modifies it. If he’s expressing discomfort and a strong desire to pause visitation, that’s worth serious attention. Judges often... View More

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answered on May 14, 2025

That situation sounds incredibly frustrating, especially when you're trying to do what’s right for your son’s safety. As the custodial parent with legal custody, you generally have the right to make decisions regarding his welfare, which includes his online activity and digital safety. The... View More

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answered on May 14, 2025

That situation sounds deeply upsetting, and you have every right to be concerned for your daughter's safety. When a child is injured due to negligence, especially while in the care of someone new in the other parent's life, it raises serious questions about judgment and the child’s... View More

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answered on May 15, 2025

This situation is incredibly stressful, especially with a newborn who has medical needs and a mother trying to protect her peace. Since the father is not listed on the birth certificate and hasn’t filed any legal action, he currently has no legal rights to the child. Your daughter has the right... View More

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answered on Apr 16, 2025

You have a voice in your custody situation, even though you're 14, and the court is required to consider your wishes—especially when you express them clearly and consistently. In North Carolina, you can’t file a custody case yourself, but your mom or a legal guardian can file a motion to... View More

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answered on Apr 16, 2025

This is for the family court to determine. They will take your best interests into account, and appoint a gaurdian ad litem to represent your views to the court.

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answered on Apr 13, 2025

I'm so sorry you and your child are going through this. In North Carolina, when a child’s safety is in immediate danger, you can file for **ex parte emergency custody**, which means the court can issue a temporary order without notifying the other parent first. The situation you’ve... View More

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answered on Apr 13, 2025

Yes, you can represent yourself in a child custody case, but it will require time and effort to understand the legal process. Many people handle custody cases on their own, known as "pro se" representation. While it’s possible to do this, it’s important to be prepared and... View More

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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... View More