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North Carolina Family Law Questions & Answers
0 Answers | Asked in Family Law for North Carolina on
Q: i’m 17 and want to move out without consent. can they police take me back home more than once if i run away?

i stay with my grandparents and want to move in with my dad and siblings since my mom passed a little over a year ago, i’m scared to tell them i want to move out because they are very manipulative and will make me out to be they bad guy by saying they need me and something bad would happen to... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Can I request from judge a homestudy for myself to have niece and nephew placed in kinship care with myself.

Kids are in foster care right now. No reason for dss to not place them with me instead. Dss is suppose to place me on the relative form and mail me an acknowledgment letter stating I'm a relative and I haven't received that either. DNA test should have came back for my brother proving I... Read more »

0 Answers | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can the biological father sign the birth certificate?

The woman is the one that is separated but still legally married. The biological father wants to sign the birth certificate but is not sure if they are legally allowed to due to the woman's leagal marital status.

0 Answers | Asked in Family Law, Child Custody and Civil Rights for North Carolina on
Q: What can I do if no one is impartial during my custody case and I think my case should be seen by a supervising judge?

I'm a non-custodial out-of-state parent in a 7 year-long custody case. Ex & I share a child, he filed for custody in his state alleging a bad home environment and drug use. Prior to that, I was seen by CPS in both states, and drug tested prior to court, with no issues. I went to court on... Read more »

0 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Voluntarily signed temporary custody of children to grandmother who now wants child support or will sue. Is it legal?

Grandmother has had them for 4 years. Child support never brought up. I buy them everything they need. I just don’t have a proper home to keep them full time. All of a sudden she said she is going to court to get child support from me. I also gave temporary custody so they could stay at a... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: How can I admit text messages as evidence

I just went to court and got visitation and shared legal as of June 13. The mother has now filed motion to cancel the 1 overnight a week and to get full legal and no Christmas time as well as no phone calls. I would like to admit text of her not allowing me to be present and have access to our... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Under a court order, do I have to force my 14 year old to visit her mom if she's saying its not emotionally safe?

Under a court order and 14 year old doesn't want to go to visitation this week. She OD'ed recently and says its too much to be there. Many issues seem to be attributed to their relationship with their mom. Her 17 year old sister doesn't go and has been doing better mentally. Both... Read more »

0 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Child Protective Services (CPS) drug tested my ex. I believe he failed. How would I get the results?

CPS explained they can’t tell me the results because of privacy act. I thought that was for insurance companies and employers. What can I do to get these results?

0 Answers | Asked in Family Law for North Carolina on
Q: How do I deal with a husband blackmailing me because I slept with his wife? She initiated the convo. I am panicking.

He contacted me and knows where I live and work. He started by saying he wanted to keep it between us, but now is saying he wants to come and ruin me at work and threatened coming to my home. He is trying to get me to quit my job or come and tell my job and get me fired and embarrass me in front of... Read more »

0 Answers | Asked in Adoption, Civil Litigation and Family Law for North Carolina on
Q: I want to dissolve adoption they nc dissolution of adoption. It happened in 1978 it did not work out

I found out my bio dads family was looking for me. I have had a relationship with them for over a decade. I want to be with my family I want to die with my identity restored please can someone guide me arrange an appt.

0 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: Can birth parents who still have parental rights while child is in state custody voluntarily give up kids for adoption?

My sister-in-law just lost her kids today in North Carolina. I previously adopted 2 of her children and she is willing to give me these 2 as well. Can she voluntarily sign relinquishment’s over to me while kids are in state care? The father is willing to sign them as well.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a question about kids and visitation with ex husband.

I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 25, 2022

No, there really isn't.

The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support...
Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: What legal rights do I have when it comes to my disabled mother refusing to eat, drink, or take meds?

I believe she is either severely depressed or has the beginnings of dementia

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

If you think that your mother can no longer care for herself, then you need to file for guardianship of your mother. This is not a simple process and I would encourage you to get the help of a local attorney.

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My sister and I own a house in North Carolina. My sister passed away. Do her children have any ownership in house.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 29, 2022

Hire a NC attorney to search the title. It is very possible that both of you owned as Tenants In Common, such that her issue take her one/half interest as Heirs.

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1 Answer | Asked in Family Law and Probate for North Carolina on
Q: How to 'fix' transferring funds from deceased checking account? (North Carolina)

Just before my father passed, he and I set up a savings account online with me as a joint owner.

We neglected to add me on the checking account.

The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 18, 2022

The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... Read more »

1 Answer | Asked in Adoption, Family Law, Estate Planning and Probate for North Carolina on
Q: My grandfather died without a will and I was adopted, do I need the adoption papers?

My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 14, 2022

There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can I force my teenage son to take a paternity test for an alleged child?

My son wants to be involved , but wasn’t allowed to sign birth certificate and is at the mercy of the teenage moms schedule as to when he can see the baby. He is also only allowed to see the baby at her house when it’s convenient for her. My son is so afraid of upsetting the mother that he... Read more »

Angela L. Haas
Angela L. Haas
answered on Apr 13, 2022

If he can't access the child, he won't be able to get a paternity test, without a court order. He could (through you as his "guardian") file for custody/visitation of the child, and then it would be up to the mother to prove that his is not the father. Once he has access to the... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: In NC you get half of your spouse’s 401k up yo the current date. I have been separated for 17 months.

If my husband is willing to give me half of his 401k currently not date of separation can he do so?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 7, 2022

You can agree to any sort of division - whether such a division or more or less than what a court would do by following the statutes. So long as y'all are happy with it, then you can be as creative as you want. Obviously you will want to make sure that the paperwork is property drawn up and... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my ex-husband dictate who I date and have around my children?

My ex-husband and I officially divorced in January of 2022. We have two children, aged 10 and almost 5. He's gone from being a very cooperative co-parent to a unreasonable co-parent in a matter of 2 weeks. He is now trying to tell me that my children are not allowed at my house because I live... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 8, 2022

Is there a custody order? Without a custody order explicitly barring either party from exposing the minor children to persons you are dating, there shouldn't be anything stopping you from dating who you want to date and acting in the manner you seem to do doing. That said, there does need to... Read more »

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