Lawyers, Answer Questions  & Get Points Log In
North Carolina Child Custody Questions & Answers
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

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... View 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... View 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...
View 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,... View 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... View More

LTC (Ret) Sean F. Mangan
PREMIUM
LTC (Ret) Sean F. Mangan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

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... View 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...
View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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...
View 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... View More

1 Answer | Asked in Child Custody for North Carolina on
Q: What rights and decisions can I make for my 13yr old son if his dad got full legal custody and I have physical custody?

Can my husband decide discipline and consequences in my home? Does he handle all school decisions or just which school he attends? Can I still take our son to my church?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 8, 2021

Your best bet is to have an attorney review the actual custody order - there is a level of speculation involved when you can't see the order. With that said, you should have control over the day-to-day activities of your son while he is in your custody.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is 15, he resides in North Carolina with his father. I live in louisiana, we have joint custody he has physical

This was my son's choice. He has since sent my son to live with his ex and will not allow him back in his house to live. I want to bring him home to Louisiana. Can I just go get him and is this legal for him to do? My son tried to go back home to his house on Sat and was told he could not stay... View More

Jeffrey Berman
Jeffrey Berman
answered on Dec 7, 2021

The answer to your question depends if there is a custody order in place. Both parents are required to follow any Court orders. If one or both parents wish to change the order, a motion needs to be followed with the Courts. If both parents are in agreement, a consent order signed by both parents... View More

1 Answer | Asked in Child Custody for North Carolina on
Q: I have had my grandson for 1 year now with no contact from his mother and father. What can I file in nc for custody?

I cannot afford an attorney and I've reached out to the local DSS but due to a lawsuit that the mother has against them they will not help us. My grandson is 10 years old and lives every day in fear that his mother will show up to get him. He has told me he would kill himself if he ever had to... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Nov 5, 2021

I'm very sorry to hear about your situation and sympathetic to what you are going through. That said, while you are clear that you can't afford an attorney, I would strongly advise you to at least pay for a consultation to discuss the complicated issues that go into filing a third-party... View 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.