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North Carolina Family Law Questions & Answers
0 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I have a long question, I have been married for 24 years and I told him I needed space and he left for a month and came

back home even though I said I still wasn't ready and that was a year ago. I have been on couch for a year and I need to get out of this marriage! He is telling my 15 year old that he is going to stay in our house with her and my other daughter and I would be the one leaving because he pays... View More

0 Answers | 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

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.

0 Answers | Asked in Family Law for North Carolina on
Q: How do I file an agreed-upon parenting plan with the court?

I have read the Legal Aid packet about filing for custody, but it seems geared to when an agreement has not been reached. We have agreed and drawn up a parenting plan document. What do I need to do to/what forms do I need to file this plan with the court so that it has legal backing?

0 Answers | Asked in Family Law for North Carolina on
Q: I am in a wheelchair and have one leg and one eye and an incurable bone infection I have to have a around the clock care

My friend is my caregiver I privately pay her I have to have constant care and everyone else is out of my price range with that being said can that get her probation officer to not have her do her 3 days for breaking her probation for failing a drug trst

1 Answer | Asked in Federal Crimes, Juvenile Law and Family Law for North Carolina on
Q: I’m 16 and my girlfriend is 21. We have a baby on the way. Can i put my name on the birth certificate?

She’s scared to put my name on the birth certificate because she doesn’t want to get in trouble, will we be able to put my name on the birth certificate?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I strongly advise you both to consult with an attorney to understand the potential criminal implications and your legal options in this very serious situation, especially with a baby on the way. You may also want to seek guidance and support from trusted adults, like parents or counselors.... View More

0 Answers | Asked in Family Law and Libel & Slander for North Carolina on
Q: Do you think it's possible that I could sue my husband's sister for slander and for taking his cell phone from him

His sister is telling right out lies on me and she's knowing that they are lies and she also stole 2 of my husband's cell phones I bought him

0 Answers | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship from my husband's brother and sister and have him moved to

A nursing home with me in Virginia he's currently in a nursing home in NC i am the one who took care of him when he was at home his family never came around unless they wanted something and i have witnesses who can testify to that

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: I want to sell my house and am married. I have tried serving divorce papers on my spouse several times and can't locate

The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)

Anthony M. Avery
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answered on Apr 9, 2024

You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the

Court until he claims it, and withdraws it by Order of the Court.

0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: Attorney duties for child custody DSS case

Haven't heard from my attorney since February. Court is tomorrow and I still don't even have paperwork

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Is it important to use the lawyer that will help with my separation agreement, for my divorce proceedings as well?

I’m looking for a lawyer to guide me through a separation process. I know it will be complex and probably require ligation down the road. So I’m confused as to how to look for the right lawyer. Do I just look for one for that focus on separation for now then look for one later that focus on... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: My ex wife has create a parental alienation with my child. Who now hates me and don't want to see me.

We divorce on 2021. I remarried on 2023 and now my daughter doesn't want to see me, hates me and says things that aren't even in a 10 year old vocabulary. My daughter confess to my mother that her mom was telling her to say does things to hurt me. On paper states 50/50 custody I pay 600$... View More

0 Answers | Asked in Family Law for North Carolina on
Q: if my ex and i names are both on deed of our home and he moved out over a year he still pay half the rent.

Can he tell me who can and can not stay at our home and he moved in with his girlfriend over a year ago. I stay at the home with our son who has austism ( 18years old)

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Hello, I have my 3 children and have for the past almost 2 years since I've been divorced from their father I have

custody and legally their father and I have joint custody although there has never been anything "joint" about it. I raise them, I take care of them and above all love them all unconditionally. The only thing he has d9ne for almost 2 years is pay $900 worth of child support which would be... View More

0 Answers | Asked in Child Support, Domestic Violence and Family Law for North Carolina on
Q: Mom left abusive Father, father filed child support and is harassing Mom. She has evidence. What can she do? Noone helps

He calls DSS out of spite, sends threats and vulgar texts 24/7. She hasn't seen or heard from child. Worries the child is in danger due to the father's recent and past actions and messages. She doesn't have the money for lawyers.

0 Answers | Asked in Criminal Law, Family Law, Personal Injury and Products Liability for North Carolina on
Q: I found out former spouse forged my name on va loan title deed insurance on a property before it was awarded to him to

Double dip in housing benefits from the federal government. Your taxes and mine to pay for it and another home for over 12 years. While never in resident Causing me issues of my identity. Domestic violence loss of career and home and now that it is paid off he is trying to get a court in another... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Regarding family law and child support

I’m a single mother with custody of my daughter. Her father hasn’t held a relationship or physically seen our daughter since she was 3. She is currently 7, turning 8 this August. Am I able to terminate his rights? Will that discontinue the child support I currently receive?

0 Answers | Asked in Family Law for North Carolina on
Q: i want to be emancipated my reasoning being alot of family trauma has happened i don’t want to disclose

i’m 16 i can’t work because my parents don’t care

i want to move in with my boyfriend and wouldn’t his mother be able to agree on paper that she’ll take care of me as a child or where are the guidelines in that

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