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North Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: What right do I have to my kids

I pay child support but I’m not allowed to see my children what are my options…

I pay too much in child support a month what can I do to fix it… I have other living expenses

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: If we have a Temp Custody Order, what can i do bout ExWife taking away my days due to false accusations.

We have TempCourtOrder days, and days added that we both agreed on. According to her, he always leaves my house sick and covered in bug bites and the Doctors say they look like Flea bites. 2nd time it was a small rash also blamed on me. I went and got print outside of the visits and nowhere any of... View More

0 Answers | Asked in Family Law for North Carolina on
Q: My girlfriend took out a dvo on me and was granted temporary custody and temporary residency what can I do

I own the property she filled the dvo I never put one hand on her

0 Answers | Asked in Family Law for North Carolina on
Q: Hey I’m not 100% positive but could you find out if my grandma left anything in her will

My family acted like they didn’t know about it but I wanna find out to be safe

0 Answers | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: Are there any legal repercussions to an adult who rents a room in their private home monthly to a 16 yr old minor?

The minor has already begun the emancipation process, but it's still pending.

1 Answer | Asked in Family Law and Banking for North Carolina on
Q: Can POD designations ever be reversed in NJ?

My sister, Barbara, lived and died in a care facility. She had been abandoned by her husband and when she could not live in their marital home because it was uninhabitable, she had to go into a facility. She could not drive and because she was ill, could not leave the nursing home. Her husband... View More

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

You will need to post this question on the NJ portal, not here in NC. We are not licensed in the state of NJ.

1 Answer | Asked in Military Law, Divorce and Family Law for North Carolina on
Q: Am I responsible for my husbands debt while we are going through separation and divorce? We live in NC.

He purchased a house but did not place my name in deed. What are my rights? I have lived in another state and my kids and I didn’t move until about 1-2 yrs after his house purchase.. What is your advice?

James L. Arrasmith
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answered on Oct 31, 2024

In North Carolina, debts accumulated during your marriage are generally considered joint responsibilities, even if only your husband’s name is on them. This means you might be held accountable for these debts during and after your divorce. However, if the debt was for his personal expenses and... View More

1 Answer | Asked in Elder Law and Family Law for North Carolina on
Q: Is there a lawyer that excepts cases regarding family or elderly law?
Tim Akpinar
Tim Akpinar
answered on Nov 19, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. Yes, there are many of them. By now, you've probably already been searching on your own. You could supplement your efforts with the "Find a Lawyer" tab above, as well as the attorney referral... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Questions about marital status in lottery registration

Every year during Green Card Lottery registration, I face an issue. Over 7 years ago, my wife and I separated, and I live with my daughter (without formal divorce). My wife refused to return home after a court order, and the court issued a "non-compliance" ruling, meaning she failed to... View More

Anna Farmer
Anna Farmer
answered on Oct 15, 2024

In North Carolina, you will stay married until you get a divorce. North Carolina does not recognize a "legal separation," so even if you are living apart from each other you are still technically married.

Depending on what your specific court order says, you may consider filing...
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1 Answer | Asked in Family Law for North Carolina on
Q: In NC does signing a parenting agreement with a non biological family member automatically take away your parental right

The first hearing for temporary custody lawsuit I signed a little paper saying 'Parenting Agreement' in which their lawyer presented as a minimum visitation schedule (which was more than it had been) and twice weekly telephone calls, including allowing them temporary custody. I assumed... View More

Anna Farmer
Anna Farmer
answered on Oct 15, 2024

In North Carolina, only parents have a right to custody of their children. This means that if a non-parent goes to court to get custody of your child, the judge will give the parent priority. However, the judge may give custody rights to the non-parent if the judge decides you are unfit or not... View More

1 Answer | Asked in Child Custody, Civil Rights and Family Law for North Carolina on
Q: How can I legally live apart from my parents at 17? And, if not, can the police make me go back?

My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More

James L. Arrasmith
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answered on Sep 12, 2024

Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More

2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2024

You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Carolina on
Q: Is it illegal for a spouse to place a tracking device on a vehicle that is marital property?

A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.

NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More

Brian King
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answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for North Carolina on
Q: How can I move out at 17?

I am 17 and looking to move out. I have a job and a way to get to my work. I have somone who would provide a place for me to live. I would go to school in the district in which the house is. I already pay for most of my things, so that would not be a big change. As I live in NC, the law says I can... View More

James L. Arrasmith
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answered on Jul 27, 2024

Moving out at 17 can be challenging, especially if you want to avoid legal complications. In North Carolina, the law states that you need to be emancipated through a court process to live independently without parental consent. If you just leave and your parents report you as missing, the police... View More

1 Answer | Asked in Bankruptcy, Divorce and Family Law for North Carolina on
Q: How do I keep the house if my ex files for bankruptcy?

I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.

He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:

1....
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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 19, 2024

You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with...
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1 Answer | Asked in Divorce, Internet Law and Family Law for North Carolina on
Q: After signing a legal separation, how long does it take for an absolute divorce in NC? and can this be done online?

Both parties heave signed and notarized the separation agreement and have been separated for 2 years.

James L. Arrasmith
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answered on Jun 8, 2024

In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates,... View More

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