My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.
In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and...Read more »
According to statute in North Carolina any adult may file to adopt a child. If you want to adopt a child the clerk or judge dealing with special proceeding actions will Order a Home Study. The home study will include the following:
physical and mental health, financial information, the...Read more »
First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,...Read more »
On the order filed against us, they crossed out where the plaintiff, defendant and her attorney would have signed. Are they not required to sign the “motion” that was filed? My husband had primary custody of my stepdaughter that I have raised for the last 8 years and BM moved to NC when she... Read more »
A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a...Read more »
Your options depend on whether you have a "custody agreement" or a "custody order." If you merely have a "custody agreement," it is likely not an order of the court, and you could not hold your husband in contempt of court if he acted contrary to the terms. On the...Read more »
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 »
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 »
I have a 13 month old baby girl. Her dad and I recently separated. He is threatening to take me to court so that his dad and stepmom can have rights to our baby. I don’t want my baby anyone near those people and they have disrespected me in so many ways. I’m not keep her away from her dad... Read more »
A typical custody order that gives one parent "x" amount of custodial time and the other parent "y" amount of custodial time does NOT have any restrictions about what each parent can do with their respective time. So there is always the real chance that the other parent will...Read more »
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 »
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 »
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 »
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 »
We current have an every other week schedule but other parent hasn’t been able to uphold this agreement so I have taken care of the weekly and now they have disappeared multiple weekends and been unable to be contacted or located. Do I have a case to get full custody with limited/supervised... Read more »
Of course you should consider consulting with a local family law attorney for a better answer, but you likely do have grounds to seek to modify the existing custody order. Despite his recent behavior, I would imagine that a judge thinks this person should still have some contact with their child,...Read more »
My step-daughter's biological mother was in a bad relationship, got arrested, has done drugs, wrecked her car, threatened to harm herself, and we have had emergency custody since mid-January. Mom is out of jail, and has moved out of the home she shared with her husband. Should we allow her... Read more »
It is difficult if not impossible to accurately answer this question without a full consultation. That said, I wonder what you are thinking "full" custody actually is, and how realistic it is that you will get it. Mom may not have a strong custody claim, but it seems like she wants to...Read more »
i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.
She also loved to bring up the point that I should be lucky because I could not be seeing him at all I feel that deep down inside this is not legal but I have no knowledge of the judicial system of how to combat this evil
There isn't really a question here, but it sounds like you need to file for custody and let the court sort it out. I have no idea what sort of 'rules' she is making you follow, but there is a good chance that you aren't being treated fairly. You may not have the resources to...Read more »
Your best bet is to have an attorney review the actual custody order - there is a level of speculation involved when you can't see the order. With that said, you should have control over the day-to-day activities of your son while he is in your custody.
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... Read more »
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...Read more »
I cannot afford an attorney and I've reached out to the local DSS but due to a lawsuit that the mother has against them they will not help us. My grandson is 10 years old and lives every day in fear that his mother will show up to get him. He has told me he would kill himself if he ever had to... Read more »
I'm very sorry to hear about your situation and sympathetic to what you are going through. That said, while you are clear that you can't afford an attorney, I would strongly advise you to at least pay for a consultation to discuss the complicated issues that go into filing a third-party...Read more »
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...Read more »
The court determines matters of custody based on whatever they feel is in the child's best interest under the totality of the circumstances. The father not being involved in the child's life for eight years would certainly be one factor a judge would weigh, but doesn't guarantee anything.
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