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I do have a Dss history my children were in custody at a foster home for 3 years I regained custody of the younger child 10/2017 however the older child aged out in foster care In June of 2017!. I have been sober since 7/7/2016. The minor is a transgender male and I have some nothing but be... View More 
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answered on Nov 10, 2020
If you have custody, it is likely kidnapping - call local law enforcement and have the older sibling arrested. If law enforcement refuses to assist by calling it a 'civil matter' you will need to retain an attorney. Best of luck.
Found out Judge was on previous case 5 years prior to this one and is familiar with defendant. Has shown obvious bias and unethical procedures in case so far in domestic case where spouse is dependent, disabled, and has no income except disability. Judge favored spouse that was the predominant... View More
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answered on Nov 9, 2020
You really can't change venue now that the order has been issued and the case likely concluded. The time to have requested a change of venue would have been before the case was heard. Likely the best option would be a Rule 60 (b) motion and then look into possible remedies for recusing the... View More
Family
answered on Nov 9, 2020
It is a somewhat complex analysis depending on the particular facts of the case, but the simple answer is that the claims of a parent is going to defeat the claims of a non-parent. That doesn't mean that all the involved parties can't agree to a schedule that gives grandma (or whoever)... View More
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answered on Nov 8, 2020
Appealing a judgment (assuming an appeal is even an option in your situation) is usually a simple form you submit to the clerk's office but you have a very short window of time to do it in. Of course, how to appeal is not what you really need to know (and if it is, your odds of successfully... View More
Examples being custody arrangements for kids, money given towards supporting the children.
*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*
answered on Nov 6, 2020
They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... View More
rented another house in just his name and I want to sign our current lease in my name. Does he have any rights to the rental because we are married i.e his family comes on property and I don't want them there, or he comes on property and I don't want him there.
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answered on Nov 6, 2020
If the lease is put in just your name, you would control who can and can not come on to the property. Also, in a separation situation and under certain circumstances North Carolina's Domestic Criminal Trespass law may apply to yur spouse. Here is the statute: § 14-134.3. Domestic criminal... View More
I need to know how to fight a 50 c that was took out on lies
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answered on Nov 6, 2020
This is the functional equivalent of asking us to teach you how to rebuild your car's transmission if you aren't a mechanic. There is simply too much information to covey in a forum like this. Your best bet is to consult with a local attorney. That said, in essence a 50 (c) usually... View More
answered on Nov 4, 2020
I'm doubtful they handle this type of matter, but their information is here:
https://www.legalaidnc.org/about-us/offices/high-country
43 years of marriage. Divorce granted. Need to find a Legal aid lawyer to help her with dividing up the assets. They have a court date for nov 30th. Calendar call is on nov 18th via internet to see if the 30th is a good date. Where should she go from here?
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answered on Nov 4, 2020
If the divorce has already been granted - the time for having the court to divide property and assets is over. When she was served, she should have filed an Answer and Counter Claim for equitable distribution and any other claims she may have had. If she did not and the divorce was granted - most... View More
And has broken agreements multiple times
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answered on Nov 3, 2020
If she is breaking agreements then you likely need a court order. Violate a court order and the punishment aspect can be a lot more severe. As to child support, that is a simple guideline formula based on incomes and it is difficult to deviate from what the guidelines say. Your best bet is to... View More
Our 18 yeard old son left the house due to a breakdown in the relationship and his inability to follow household rules. When I called to remove him from our car insurance i am being told we must provide new proff of address and verification he is covered under a different policy. We have no way of... View More
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answered on Nov 3, 2020
An easier option would be to look into simply canceling the policy and get a new one with a new company without your son on it. As to removing him as a resident, if he no longer physically lives there - he is as 'not a resident' as he ever will be. Also there is no NC law that requires... View More
answered on Nov 3, 2020
I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... View More
Ex is behind $14,000 per our divorce decree and never took any of his visitation.
answered on Oct 28, 2020
I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.
To the extent he isn't paying, any efforts on your part to have... View More
I recently went through a custody case. The Judge did not make a decision on several factors from the bench and instead sent his decision through email to the attorneys. I have found several errors between what decisions were made from bench and what the paperwork states. My attorney did not allow... View More
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answered on Oct 27, 2020
If you received a paper order and it is signed by the Judge - that is what the Judge ordered. Mistakes do happen occasionally and if so, that would likely be something you'd need to address directly with your attorney but it is unlikely you would be allowed access to e-mails from a Judge to... View More
answered on Oct 24, 2020
If you move out before the age of 18 without an order from the court that you are emancipated, your parents can have you declared an undisciplined or runaway juvenile and have you returned to the home by law enforcement. Or they can do nothing but since you're not 18, you can't get a job... View More
He is 20 years old. Very convoluted family. Mother goes to him for everything bypassing other adults in household. From shopping, to friendship, to help parenting other children, and specifically rejecting help from other adults in the house
answered on Oct 23, 2020
I don't think I can provide an answer here as this doesn't appear to be a legal issue. While still young, this person is a 20 year old adult and can make their own decisions about how to interact with their family. If there are issues in this household, it would appear appropriate to... View More
My parents will not let me leave. I live in NC, I am 16 with a job. I have a place to go. I have read that I need to be moved out and have lived in that location for a certain period of time before being emancipated, is this true?
answered on Oct 23, 2020
Technically no. Although it helps. Here's an article that I wrote with all the details. https://averettfamilylaw.com/?s=Emancipation
I am a teenage mother my child was born out of wedlock me the mother and the father are on the child’s birth certificate.
Me and the father are no longer in a relationship. I want to know what rights does the father have as far as visitation and custody to my newborn? With me being the... View More
answered on Oct 20, 2020
Absent a court order that prohibits who can be around the child, or where the father can go with the child, you don't really have any say in what the father does with the child. And without a court order, either parent can deny access/visitation to the child.
The best practice of a... View More
Their mother lives 2.5 hrs away. I know getting my ex to agree to allowing the move would be easier but can she stop me from moving??? I'm not going to deny her from the set visitation schedule, will just be in a different part of the state, same distance.
answered on Oct 22, 2020
If an existing custody order is in place, it is imperative that you continue to comply with that order. If the mother of the child opposes the move, then she could petition the court for a modification of the existing order. The mother would then have to prove that (1) there has been a substantial... View More
Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... View More
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answered on Oct 16, 2020
Of course it is legal - you don't get to dictate to or force someone to move just because you got a job out of state or are married and have a child together. If you can't come to a fair agreement together essentially you will have to decide to stay or go and involve the court to decide... View More
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