Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... Read more »
In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your...Read more »
I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.
She has lived with us since she was 4 months old and we have had custody of her since about 2 years old. We are the only parents that she has really. I am told that in NC she is considered a legal ward and at the age of 18 I can no longer carry her on my insurance. Is this true?
You cannot carry her on your insurance unless she is your legal dependent. If you haven't been claiming her on your taxes as your dependent, I don't believe you can cover her. Check with your insurance agent to be sure.
The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.
My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... Read more »
It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your...Read more »
My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... Read more »
The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of...Read more »
Perhaps, but the father would have to participate in some manner in the process. The following options give you "custody" without actually having to go to court, although some of them involve the filing of a custody action.
1. If you were married to the father and haven't...Read more »
If things are the way you describe them and he is on the birth certificate, then he has as much right to the child as you do. Unless there is a Court Order or a binding agreement in place to the contrary, he has no legal obligation to return the child. If you want the child back and he is...Read more »
My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.
Technically, I am behind in the monthly amount, and need to have my... Read more »
Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself...Read more »
No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.
You might not be able to. If there is a custody order which gives the mother certain custodial time, she still has to "live her life" during her custodial time, which would likely include working. The same applies with you - you might have to work or might have some other commitment...Read more »
My ex husband and I have split custody however he does not obtain his part of the order he does not get them when he is supposed to he is now also incarcerated and is being charged with 6 felony he is a danger to my children. My 5 year old son came home and told me step-by-step about his father... Read more »
Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the...Read more »
The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn...Read more »
I am 17 and I’m tired of my living situation. I have previous work history and I have experience with paying bills. I pay my phone bill every month and 1/3 of our rent. I have my own car as well. I also buy my own clothes, hygiene needs, and food. Basically what I’m saying is I know how to take... Read more »
Highly unlikely that your aunt would get in trouble if you went to stay with her. What would potentially happen is that law enforcement personal could come to her house and direct you to return to your Mom's residence. As long as you did so, it is hard to imagine any sort of negative...Read more »
Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.
Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other...Read more »
My children falsely accused my current husband of abuse. All criminal charges against him were dropped. Now the intervenor said she will not give my kids back without a fight. I had no case against me but yet the court still placed them with the intervenor because I knew the allegations against him... Read more »
You are simply not competent to fight the legal aspect of this fight and will need to retain a family law attorney in the county in North Carolina that the case is in. You consistently refer to the person who currently has custody as the 'intervenor' - odds are it is your mother (or...Read more »
I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?
If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.
Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... Read more »
It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If...Read more »
At 16 you are still a child and technically are not competent to make decisions like that. However, realistically as long as no one makes a stink about it yes, you could in essence choose. Even if someone were to make a stink and it did go to court, at 16, most Judges would like to at least know...Read more »
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