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North Carolina Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More

T. Augustus Claus
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answered on Jan 3, 2024

In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's 12 she has been staying with her dad for about 2years she no longer wants to stay there and doesn't want

To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.

T. Augustus Claus
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answered on Jan 2, 2024

If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e

My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?

James L. Arrasmith
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answered on Dec 25, 2023

If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.

In this situation, it's advisable to...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband died while our division of assets was still being worked out, due to a prolonged illness.

We are divorced 2 years. Can the divorce be overturned?

Jammie Lynn Wacenske
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Jammie Lynn Wacenske
answered on Nov 13, 2023

No, but if you mean that he died while the division of your assets were still being worked out means that you filed for equitable distribution and that was still a live claim that was incomplete when he passed, then the personal representative of the estate should be able to continue see that... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Is it legal to back date a separation in NC to divorce prior to one year apart?
N'kia (NLN)
N'kia (NLN)
answered on Oct 19, 2023

Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: How do I check to see if my step mother has petitioned to the clerk regarding my Father’s ( her husband) mental capacit?

I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust

T. Augustus Claus
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answered on Oct 10, 2023

In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: In order for medicaid to get child support wouldn't the father need to be on child's birth certificate?
John Michael Frick
John Michael Frick
answered on Sep 24, 2023

No, any determination of paternity will do.

1 Answer | Asked in Child Custody, Family Law, Gov & Administrative Law and Municipal Law for North Carolina on
Q: If a building inspector deems a house is against the building code, will they get dss involved for child safety?
T. Augustus Claus
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answered on Sep 13, 2023

A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Can parents stop you from buying something with your own work money, and if you do buy it, can they take it. Child is 16
James L. Arrasmith
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answered on Sep 14, 2023

Parents generally have legal authority and control over their minor child's actions, including managing their finances and possessions. They can restrict or take away items purchased with the child's money if they believe it's in the child's best interest or for disciplinary... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: My husband sold our house without me knowing in nc. sold in August, I live here. I'm on the deed. What can I do legally

He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.

Anthony M. Avery
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answered on Sep 6, 2023

If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.

3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: If newborn test results are another baby's test because times are wrong and dss takes your child

No dr or nurse ever said baby tested positive only a dss worker. Dss has taken children and the found lab results are at a time when mother and baby aren't even at hospital yet. Results are another newborns. Hired law firm has disregarded found evidence and children have been pushed through to... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2023

This could be a case. If the proper, convincing evidence can be shown, it may be worth pursuing. Consult with experienced attorneys in the state where this occurred.

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1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

1 Answer | Asked in Family Law, International Law, Divorce and Child Custody for North Carolina on
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday

Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More

James L. Arrasmith
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answered on Aug 6, 2023

To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More

1 Answer | Asked in Family Law for North Carolina on
Q: My father-in-law’s will divides equally all that he has between his two grown sons. My husband, his oldest child,

recently passed away. His youngest son, my brother-in-law, will be in charge of his estate when he passes (he is 95 now). My husband and I had 1 child who is now 35. Now that my husband has passed, is my child legally entitled to receive what he would have received had he not died before his father?

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

It depends on whether the will states that your FIL's estate will be divided per stirpes or per capita between his sons. Per stirpes means that your deceased husband's shares will pass to his heirs. Per capita means that your BIL will inherit everything.

Per stripes is more common.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I have joint custody with my ex. He recently moved and won’t provide his new address

I have primary custody he only receives visitation every other weekend. I asked for the new address and he refuses to send it. Does he have to give me the new address before I release her into his custody?

T. Augustus Claus
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answered on Jul 7, 2023

if your ex is refusing to provide you with his new address in violation of your custody agreement or court order, you may have legal options available to address the situation. You have grounds to take legal action, such as filing a motion with the court to enforce the custody agreement or seeking... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: How does my dad get full custody of me ?

My mother yells at me alot and makes me cry and she makes me feel like I am nothing and I dont want to be around her toxic environment

T. Augustus Claus
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answered on Jul 5, 2023

I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when... View More

1 Answer | Asked in Real Estate Law, Family Law and Adoption for North Carolina on
Q: I was adopted and my adopted parents are now both deceased am I entitled to the home and land

My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.

1 Answer | Asked in Contracts, Family Law, Child Custody and Legal Malpractice for North Carolina on
Q: I am unsure how to proceed with this situation

Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 14, 2023

You may need to find a new attorney before getting the retainer back as that will likely be contested.

If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.

1 Answer | Asked in Child Support, Family Law and Public Benefits for North Carolina on
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement

Can i just take my child off Medicaid ? Or are there other options

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 13, 2023

In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More

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