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North Carolina Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Support and Juvenile Law for North Carolina on
Q: Can I be forced to continue financially and legally supporting my 18 year old if he's still in high school?

Long story short: He sexually abused my daughter, threatened to kill me over a misunderstanding, has been convicted (juvenile), is on probation in a sex-offender treatment facility for the last year and a half, and will turn 18 March 24th of this year. He already told me he will most likely... View More

Angela L. Haas
Angela L. Haas
answered on Jan 20, 2022

If you think he will harm your daughter again if he returns, you CANNOT let him back in the home. You may need to contact Child Protective Services, and let them know the situation. Perhaps they can find a foster home for him. Financially, you and his father are still responsible for him. CPS may... View More

1 Answer | Asked in Family Law for North Carolina on
Q: What do I do if my ex spouse is not upholding his separation agreement
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 11, 2022

It will depend on the exact terms contained in the Separation Agreement, but you would likely sue this person for a breach of contact (the agreement itself). Your agreement should have specific language setting forth what the remedy for breach is, and whether you would be entitled to recover any... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’m in need of a lawyer that handles family estates, but I’m unsure of what type of lawyer I would need please advise?
Ben Corcoran
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Ben Corcoran
answered on Dec 6, 2021

Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is 15, he resides in North Carolina with his father. I live in louisiana, we have joint custody he has physical

This was my son's choice. He has since sent my son to live with his ex and will not allow him back in his house to live. I want to bring him home to Louisiana. Can I just go get him and is this legal for him to do? My son tried to go back home to his house on Sat and was told he could not stay... View More

Jeffrey Berman
Jeffrey Berman
answered on Dec 7, 2021

The answer to your question depends if there is a custody order in place. Both parents are required to follow any Court orders. If one or both parents wish to change the order, a motion needs to be followed with the Courts. If both parents are in agreement, a consent order signed by both parents... View More

1 Answer | Asked in Family Law for North Carolina on
Q: My daughter wants to change her last name. She has my x husbands but wants to have my maiden name. She is 17

She is 17 years old and we live in NC. She wants my last name. Her dad will not sign, can we do it without his signature. He pays child support and sees them 4 hours a month. She will be 18 in May

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 6, 2021

While it is possible to file for the name change now WITHOUT the signature of the father, the process becomes slightly easier after a minor turns 18. And since that is coming up relatively soon, I would suggest that she consider waiting. But again, it is possible to do now although there are some... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Me and my ex husband divorced 4 years ago. We have 3 children together. We share 50/50 custody. what are my rights?

We share 50/50 but he no longer carry’s insurance on them due to he can’t afford it and he doesn’t pay child support due to it being 50/50. But me and my husband pay for everything!!!!!! All I wanted was for him to continue paying there insurance. He constantly says if I ever take him to... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Nov 18, 2021

Your case is one that any answer I give is going to be incomplete and somewhat inaccurate, and for that reason I would suggest you consult with a local family law attorney.

I would be shocked if he has a viable alienation of affections claim. He isn't going to be able to rely on any...
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1 Answer | Asked in Family Law for North Carolina on
Q: my grandfather left me a handgun when he died but it's not in writing and my aunt won't give it to me. How can I get it?

My father, grandmother, and a few other family members heard him say first hand it was meant for me before he died

Ben Corcoran
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Ben Corcoran
answered on Nov 15, 2021

Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the handgun was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.

1 Answer | Asked in Family Law for North Carolina on
Q: What rights do I have as a father? I'm 19 and she's 21. We are not together and had twins 3 months ago.

She only let's me see them when it's convenient for her. When she has them there's no arguing. When I have them she constantly texts me when will she get them back and wants to argue. I'm tired. What are my rights as a father or do I have any?

Jeffrey Berman
Jeffrey Berman
answered on Nov 8, 2021

You have custody & visitation rights as any father woud.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: I need help responding to a complaint fir divorce and B we have only been apart 4 months and he burnt all my stuff

Lied on je preformed torts against and hot custody of my daughter snd he is not her father

David Allan King
David Allan King
answered on Nov 3, 2021

This is something you need to hire a lawyer for.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: Low income legal representation for child custody divorce response to complaints when he kicked me out with no where to
David Allan King
David Allan King
answered on Nov 3, 2021

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work...
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1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: My 16 yr old in NC left home over a month ago and now wants to obtain her personal belongings, do I have to give it back
Kenneth R. Harris Jr.
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Kenneth R. Harris Jr.
answered on Oct 25, 2021

If your child is 16 and not emancipated, she is considered a "minor". Therefore, she does not actually "own" (legally) any of the items in your possession. On the other hand, if she wishes to return to your home, she can (and should, under the law) be allowed to do so - she is... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do we get my brother in law to move out of our house? He never signed a lease. He's been with us 5 years.

He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.

Ben Corcoran
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Ben Corcoran
answered on Oct 18, 2021

You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My husbands lawyer requested a discovery. Can I request discovery/interrogatories without a lawyer
David Allan King
David Allan King
answered on Oct 10, 2021

Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: What can I legally do with my ex boyfriend's belongings since he won't come get them?

I kicked my ex boyfriend out of my house 2 weeks ago. He left the majority of his belongings and no matter how many times I ask, he won't come get them. He also left a dog and a car. Obviously I will just have the car towed, but what can I do about the dog? Can I sell her? It was a free... View More

Kate Bowles Miller
Kate Bowles Miller
answered on Aug 2, 2021

If a guest in your home left his belongings, he has no legal right to reclaim them.

1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Is there a way to waiver the law of having both parents consent to changing a minor's legal last name?

Both the father and the mother are in the picture and the mother has Primary Legal Custody of the children. One of the children (Minor), would like to change their legal last name from their father's. Is this possible to do without the consent of the father?

Christopher Emmanuel Benjamin
Christopher Emmanuel Benjamin
answered on Jun 11, 2021

Consent of both parents is required to change the name of a minor child; if there is a dispute it must be decided by the Court.

1 Answer | Asked in Family Law for North Carolina on
Q: Family court. Calander call tomorrow. Wish to file Motion of Contempt against Plantif. Can I still file motion?

Case filed by mother to modify custody. Agreed to Pych Evaluation. Results state I'm fine but Planiff not so we'll.

Dymond  Spain
Dymond Spain
answered on May 27, 2021

Hello.

If you decide to represent yourself it is best to review the county local rules. All NC county courts have a page on the Nccourts.gov website. This is where you can locate county forms and filing deadlines.

Also, as I assume you found out, you can file the motion, however,...
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1 Answer | Asked in Family Law for North Carolina on
Q: What recourse do I have?

My husband and I married four years ago and bought a home/mini-farm almost two years ago. Large home on 4 acres with chickens, ducks, dogs. This Monday, without giving me any warning, he signed a lease on a new place to live, took a few things with him and left. No heads up to prepare me that I... View More

Dymond  Spain
Dymond Spain
answered on May 27, 2021

Hello,

It sounds like you may have a claim for Equitable Distribution (property division) and Spousal Support. You will have to prove that you are the dependent spouse in order to be granted spousal support, but because you have physically separated and ended the relationship you can...
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1 Answer | Asked in Estate Planning and Family Law for North Carolina on
Q: How would a postnuptial work exactly with a home my grandmother wants to sign over to me?

My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 15, 2021

You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property.... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for North Carolina on
Q: Mother has dementia, I’m hcpoa, brother named executor upon my dad’s recent death...

My question is does my brother legally control all assets and funds due to my mother having dementia?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 13, 2021

Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.

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