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North Carolina Family Law Questions & Answers
0 Answers | Asked in Adoption, Family Law and Child Custody for North Carolina on
Q: What forms should I file to terminate parental rights for a father who has not been involved in any way in 15 years?

My daughter's father has not seen/nor been involved in her life in 15 years.

0 Answers | Asked in Family Law and Domestic Violence for North Carolina on
Q: Should I have legal representation in civil court for a protective order against me?

I did not violate the order. However , I told the courts I would hire an attorney to represent me in the matter. I do not want to hire an attorney should I not wish to contest the order.

0 Answers | Asked in Employment Law, Family Law, Legal Malpractice and Libel & Slander for North Carolina on
Q: My Husband’s and My biracial marriage has been wrongfully annulled. His daughter is the problem. Legal help in NC pls?

I believe it is illegal for a power of attorney agent to use a poa against their Principal. I have the evidence to prove such has been done here in NC. I need Legal Help that believe biracial marriage is Legal and willing to help Me get Guilford County, NC Case 03CVD6867 Clark v Foust-Graham... View More

0 Answers | Asked in Contracts, Estate Planning and Family Law for North Carolina on
Q: Dad sold the house to someone for half its worth to a man who knew he was on drugs and out of it. Can I do anything?

My father had been on drugs for 5 years and the man who bought the house knew he was on drugs and was taking advantage of him. He bought the house for half what it's worth. Can I do anything about it as his only child.

0 Answers | 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

0 Answers | Asked in Family Law for North Carolina on
Q: An 18 year old female got pregnant by a 14 year male but his parents were aware and allowed her to. Stay with them.

Can the 18 year old female be charged and if so is she the only one

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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0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: If I'm a mother unable to pay for legal services in a child custody case, how else can I receive legal assistance?

I don't have enough funds to fight the case brought against me by my children's father and his new wife. I'm just seeking help to fight for my children. I've raised them to the amazing individuals thus far and with bare minimum help from him as he decided when or how to help.... View More

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Will my children be able to return home to me after their father unexpectedly filed a civil case against me?

The father asked the children if they would like to visit to spend time with him and also meet his wife for the summer break. The children said yes of course, but about the third week of them being there, he filed a civil case for temporary/permanent custody. This was abruptly and unexpected. My... View More

0 Answers | Asked in Family Law for North Carolina on
Q: What form can i use to request guardian ad litem?

There is no means to afford parenting coordinator.

0 Answers | Asked in Criminal Law and Family Law for North Carolina on
Q: I am 18 years old; Could I file charges against a family member opening my mail and prove it? How would I go about this?

I like to take many precautions and this is one of them. The family I am a part of just flat-out sucks, and I am currently about to be going to a University to finally spread my wings and get out of this nest they have closed me into. With that being said, I would love to know how I could go about... View More

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

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