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North Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Domestic Violence for North Carolina on
Q: If my child’s father smokes marijuana can I win a custody case against him? What do I do first?

We live together and we have a 2 year old. The second hand smoke seeps into the house through cracks in the door and he smokes 6+ times a day when he’s at home. And my daughter is starting to develop asthma. I also am a lifelong sufferer of asthma. He also grows marijuana plants in his room. I... Read more »

0 Answers | Asked in Divorce and Family Law for North Carolina on
Q: Spouse and I separating and live together. can she deny me access to my exterior camera system?

Both paid for the system and had joint accounts up until a month ago. Both live in same house still and she now denies me access to the exterior door cameras. I work as a police officer and aside from her reasons to document me coming and going, I use it for safety reasons. Can she deny me this... Read more »

0 Answers | Asked in Contracts, Family Law, Banking and Small Claims for North Carolina on
Q: My mother sent me a letter demanding payment on her carecredit. Ive made payments. She demands full payment in her name

The debt was for my dogs vet bill. I have reciepts for what ive paid. I cant afford a loan i just moved to MD. I never signed an agreement, my name isnt on the account. I have several questions about the legality of this and what i can do. She lives in haywood county. M

0 Answers | Asked in Family Law for North Carolina on
Q: Can a child be legitimate after the death of the child

The question was can a child be re legitimated after the death of the child . Nc law states that it must be in the best interest of the child but after death how is this determined

0 Answers | Asked in Family Law for North Carolina on
Q: How do I write an agreement for one issue between my ex husband and I to be signed by a judge?

My ex husband has been ordered to pay me for half of my son's plane tickets for visitation. He said he wants to pay me via Zelle, but he refuses to pay until we have an agreement signed by the judge that says I will accept Zelle as a form of payment. How do I do this?

0 Answers | Asked in Family Law and Probate for North Carolina on
Q: I am the executor for my MIL's estate in North Carolina. I filed the notice to creditors 2 weeks ago.

We had to move MIL into our home for her last two years. Can I bill the estate for 23 months of round the clock care at a reasonable $500 per month. There was a verbal agreement, but as I was her financial POA at the time and I didn't think it was appropriate to pay myself at that time. Now... Read more »

0 Answers | Asked in Family Law for North Carolina on
Q: How can I see my siblings when I'm 18 or let them know I'm still there, if my mother refuses to let me have any contact?

My mother and her fiance have decided that they think I'm playing favorites so they are using that as a reason to not let me see the ones that want to see me also. The one they think I'm not showing attention to doesn't want to be involved with me due to manipulation about me by my... Read more »

1 Answer | Asked in Family Law, Business Law and Divorce for North Carolina on
Q: My husband started a business 5 months before we separated.

He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Oct 11, 2022

Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... Read more »

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

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1 Answer | Asked in Family Law for North Carolina on
Q: What should get added to a prenup if you bring a child from a previous marriage?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 20, 2022

Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is... Read more »

2 Answers | Asked in Bankruptcy and Family Law for North Carolina on
Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?

All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 19, 2022

I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.

Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your...
Read more »

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1 Answer | Asked in Family Law for North Carolina on
Q: I need a lawyer? Haha yep I do...
Brad Collins
Brad Collins
answered on Jul 25, 2022

A great place to start is with the North Carolina Bar Association Lawyer Referral Service. LRS member lawyers make themselves available for a one-time meeting at a reduced rate, charging a fee of no more than $50 for an initial 30-minute consultation.... Read 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... 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...
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1 Answer | Asked in Family Law for North Carolina on
Q: What legal rights do I have when it comes to my disabled mother refusing to eat, drink, or take meds?

I believe she is either severely depressed or has the beginnings of dementia

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

If you think that your mother can no longer care for herself, then you need to file for guardianship of your mother. This is not a simple process and I would encourage you to get the help of a local attorney.

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My sister and I own a house in North Carolina. My sister passed away. Do her children have any ownership in house.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 29, 2022

Hire a NC attorney to search the title. It is very possible that both of you owned as Tenants In Common, such that her issue take her one/half interest as Heirs.

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1 Answer | Asked in Family Law and Probate for North Carolina on
Q: How to 'fix' transferring funds from deceased checking account? (North Carolina)

Just before my father passed, he and I set up a savings account online with me as a joint owner.

We neglected to add me on the checking account.

The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 18, 2022

The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... Read more »

1 Answer | Asked in Adoption, Family Law, Estate Planning and Probate for North Carolina on
Q: My grandfather died without a will and I was adopted, do I need the adoption papers?

My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 14, 2022

There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... Read more »

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