Lawyers, Answer Questions  & Get Points Log In
North Carolina Family Law Questions & Answers
0 Answers | Asked in Estate Planning and Family Law for North Carolina on
Q: I need explanation/instructions on form aoc e 506...i.e .. which numbers are " carried over from aoc e 510?

I am the guardian of my Aunt in a North Carolina facility and the annual account, (form aoc e 506) is due. I have bank statements and have merged them to excel for my figures. But I can't get it to balance..

0 Answers | Asked in Family Law and Real Estate Law for North Carolina on
Q: Uncle has guardianship and sold his mom's house without petitioning the court to do so. He didn't know.

He sold the home that was in another state and went through their court system but not the NC court system. It was an innocent mistake but what happens from here?

0 Answers | Asked in Family Law for North Carolina on
Q: Hello, If I filed a divorce complaint in NC and want to withdraw the complaint, is it with or without prejudice?

I never served the defendant with the motion and the defendant never responded to the motion. I want to file for divorce again in 3 months. I have been separated for a year.

0 Answers | Asked in Family Law, Civil Rights and Constitutional Law for North Carolina on
Q: Grounds 2 dismiss a CPS case. Violation of rights and no evidence shown 2 start the case. I need someone 2 speak 4 us!!

Started from infant birth screening positive 4 amphetamines. Not saying there's no test but I've never been shown the actual results that started the nightmare. Told if kids test negative then they come home. They haven't yet! And it was negative! Sent all court papers to someone... Read more »

0 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: 16yr old daughter had a baby in Dec. Ran away 2/7. Noone. Not police, djj, or dss is making her come home. What do I do?

Filed ruaway report with djj, been to police and asked for an escort to go get her. Nothing. Dss knows that she has watched a full fledged murder in front of her eyes (baby's father's brother discharged a firearm in the dwelling and the bullet went into his brother's head. My... Read more »

0 Answers | Asked in Family Law for North Carolina on
Q: Can a 16 year old in NC leave home to stay with a friend's family without having to get emancipated?

My daughters friend is not in a good situation. Her parents are not together. One is an alcoholic and the other is doing drugs and is living with a man that molested her. Mom doesn't believe her daughter that the molestation happened. The daughter wants to stay with me for a more positive... Read more »

0 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: Hey, my 15-year-old girlfriend and I 16, had a baby, can she move in with me with parental consent from her mom?

The mother is not wanting to let her daughter make the decision to leave when she is wanting to get out of her mother's house. But could her mom sign a parental consent allowing her to move out and not get in trouble legally for letting her underage daughter move out?

0 Answers | Asked in Family Law for North Carolina on
Q: If it has been over 13 years that my ex-wife could have filed for child support is that past the 10 year statute?

2010 my wife and son dual US/Brazil citizens went to Brazil for sisters wedding and I followed and left early as I did before as I am a Travel Nurse. My wife refused to return to the US as we agreed and filed for divorce and full custody in Brazil. I received letters of Rogatory through the state... Read more »

0 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Do I have a strong case in gaining custody?

Would I have a better chance of getting child custody if me and my wife own a nice home and stable jobs while my ex lives in a small camper with poor conditions and a large number of animals and no steady jobs. My exs boyfriend is also a drinker and I jave been told by my son that the boyfriend... Read more »

0 Answers | Asked in Family Law for North Carolina on
Q: How do I go about getting a court order to put my childs father on the birth certificate?

I was legally separated for 2 years when my child was born and she is not my ex husbands child. They did not put my ex name on the birth cert but now in order to add her father I need a court order

0 Answers | Asked in Family Law and Education Law for North Carolina on
Q: Got a letter in the mail saying I'm being sent to court for my son being absent.

I read somewhere that the principal is suppose to contact me an set up a meeting, but they never did. I've had a meeting almost every 3 months about my son's improvements, and they never once brought up his absences. I also read a story about a lady who's son had 16, but it got... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: My child's family is falsing imprisioning my daughter and is refusing to give her back to me. We live in Jacksonville.

The alleged father will not giber her back to me. His name is not on the certified birth certificate.

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

I am sorry for your loss.

The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do...
Read more »

View More Answers

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
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...
Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: I had eviction court on 1-9-23. How long do I have to willingly move out? I don’t wanna get blindsided. Greenville NC.

I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!

Stephen Edward Robertson
Stephen Edward Robertson
answered on Jan 17, 2023

You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass,... Read 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
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,... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Am I obligated to pay spousal support to my dependent spouse if they are the one that is initiating the separation?

Wife discovered she is gay. She has a girlfriend and wants to divorce. We have three kids. I understand and am fine paying the child support. However, am I obligated to pay spousal support?

Angela L. Haas
Angela L. Haas
answered on Jan 6, 2023

It all depends on a lot of factors. Based on the facts you've given, the answer is not a definite YES or NO. Consult with an experienced family law attorney, so they can ask you a series of questions, and based on your answers, more questions, and based on your answers, you can get a more... 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 »

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.