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North Carolina Family Law Questions & Answers
0 Answers | 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

0 Answers | Asked in Family Law and Child Support for North Carolina on
Q: My ex owes me over $21,000 in back support but the casino he works at won’t enforce the garnishment. What do I do?

I’ve had a court ordered support case for many years and child enforcement said they can’t do anything else. I have his job and home location that’s been verified. He also makes over $150,000 so he can easily pay it. I want a court date and a lump sum payment to settle this.

0 Answers | Asked in Domestic Violence and Family Law for North Carolina on
Q: I am looking for help and information regarding my options for escalating abuse.

I would like to know the potential of a restraining order or something similar against someone. This would be information about my options for ongoing and escalating verbal and emotional abuse, with threats of physical violence. I'm in a very tight position where housing and money are... View More

0 Answers | Asked in Family Law for North Carolina on
Q: This is a question about family law, specifically the role an elementary school should play in enforcing a custody order

I have a high conflict relationship with the mother of my eight year old son. The school principal has read our custody order and Is now attempting to mediate and enforce his interpretation of our custody order. His position is that the school is “required” to do this. For example he wants to... 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

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for North Carolina on
Q: I live in NC I have a dvpo against my abusive husband, who won't answer the door to be served

He has my boys, and they aren't going to school, and he is ignoring the law.How can they serve papers to get my.kids back I have a temporary custody order, and he doesn't work

James L. Arrasmith
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answered on Jun 3, 2024

I'm sorry to hear about your situation. If your husband is avoiding service of the DVPO and temporary custody order, you have a few options to ensure he is served and you can regain custody of your children.

First, contact the local sheriff's department or law enforcement agency...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist

Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me

Jonathan David Breeden
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answered on Jun 18, 2024

It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: If I solely own my house and land that my house sits on and have owned it before I got married

Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More

Anthony M. Avery
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answered on May 14, 2024

Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More

2 Answers | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: Can I enter my house as I wish, if I own the house and have owned the house long before my marriage.
Ben Corcoran
Ben Corcoran
answered on May 7, 2024

From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.

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1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Why shouldn't I have gotten guardian ship of my husband I wasn't in a nursing home then

I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More

Ethan A. Trice
Ethan A. Trice
answered on Apr 20, 2024

It isn't possible to answer with any degree of specificity why you were not granted guardianship without seeing the court file. This is a situation where you need to schedule an appointment with an attorney with the paperwork you have.

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