Lawyers, Answer Questions  & Get Points Log In
North Carolina Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son lost custody to DSS about 1 1/2 years ago and now they're trying to force him to sign his rights away.What now

They're in foster care and they want to adopt them

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2020

DSS likely can't force him. Typically, for his parental rights to be terminated, he is entitled to a hearing and a Judge will decide. Of course, if he hasn't done anything to get the children back in the last year and a half, his odds of being successful are likely not good. He needs... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Can a wife (who is a paralegal) take the kids if she catches her husband emotionally cheating? She thinks because she is

A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 25, 2020

Most people who think of themselves as 'paralegals are really nothing more than administrative assistants at best and secretaries / receptionists at worst. However, bonafied paralegal or not, she likely does have some upper hand due to her potential connections but it is highly unlikely... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can I get my daughter back from her guardian without paying lawyers fees and going to court?

My daughter Trinity, who is 7 years old now has been living with her aunt since she was 2 almost 3 years old. DSS came and got her and sent her to a temporary home until Trinity’s dads sister decided she was willing to go for guardianship in hopes we would get our lives together. Pretty much her... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2020

No, you can not do this over the phone like ordering a pizza. You need an attorney for the same reason you need a mechanic when your car breaks down - because you have no idea how to do it yourself. Another consideration is, if you can not afford an attorney, how are you financially stable and... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my sons father be held in contempt of court?

My court order states that I can have twice weekly Facetime visitations from June to November. However, I haven't had a second Facetime visitation for one week every month during the week that I visit my son in North Carolina. So, I have missed one Facetime visitation in June, July and August.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 22, 2020

Possibly. It depends on whose fault it is that you missed the scheduled visitation and if it is the father's fault, whether or not he has good cause for the failure to comply. Essentially, the only way for you to find out is for you to file a Motion to Show Cause. Best of luck.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: I am the mom. How can I transition from supervised visitation to sole custody of my son? His father is a domestic abuse?

I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 20, 2020

Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2020

Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Which court has jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2020

Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: hi i have a daughter with my boyfriend we are not married but his name is on the birth certificate who has custody
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 10, 2020

If he is on the birth certificate - you both have equal rights to the child unless you have agreed otherwise in a valid enforceable agreement or a court order says otherwise.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.

A judge isn't going to care about...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: Can I use someone else's warrants for arrest as evidence?

My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 8, 2020

Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a...
Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: If there was no will, and no legal guardian after parents death will custody of the children go to the executor ?

-dad adopted child

-child has no legal mother

-dad dies with no will

- daughter becomes executor

- other family member petitions the court to become guardian

Who legally becomes guardian of a minor child and their assets?

Angela L. Haas
Angela L. Haas answered on Sep 3, 2020

Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: I pay child support through dss but would like to have my child living with me. She is 14 and has been with me since Feb

Her father and i have never had any kind of custody order drawn up. What steps do I need to take?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 13, 2020

The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter is 17 and wants to go live with her stepmother instead of either of us her parents, what are our rights?

Both of us are fit parents, father in the military and I am remarried and work a good job. Her father and stepmother are divorcing after having lived in Germany since she was 8yrs old. They returned recently and her father dropped her off with me in NC and headed off to his next duty station in... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

As a parent, what makes your child 'happy' should be irrelevant to you or at least be a very secondary concern to what is best for her. At 17 she is a child and children by definition are not competent to determine what is best for them - that is your job. So determine what is best for... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I’m a16 year old mother, I have a job and another safe place to go at the moment I’m living with my dad

It’s not a good situation we don’t get a long and he doesn’t want to help me get to work so I can start supporting my family and getting my life together the place I can go to will help me can I just take my kid and go what are my rights

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 4, 2020

You are a child and won't be able to freely decide (or at least as freely as any one in society can) the course of your life until you are 18 or emancipated. So assuming you want to limit your current options to your legal options (which is what someone with a family of their own ought to... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I file a motion of contempt for child custody, I'm now in another state than the courthouse?

I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 1, 2020

If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I need help filling for custody
Angela L. Haas
Angela L. Haas answered on Jun 16, 2020

This isn't really a question. Depending on what county you live in, there may be some "file-it-yourself" paperwork you can get from the courthouse to help you file for custody. Otherwise, you will need to have an attorney assist you. You should at least consult with an attorney,... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: after filing for custody of my children what do I expected? Can i see my kids while the case goes to court

Is there a quick way to get visitation?

Angela L. Haas
Angela L. Haas answered on Jun 3, 2020

Generally speaking, there is no "quick" way to get visitation, unless the other parent agrees or you resort to other means which may only escalate any disagreements you already have with the other parent. You should really consult with an experienced family law attorney, who can help... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: What is a likely way to obtain a pro bono family custody lawyer?

I have a stable home and everything my child needs with his own room wardrobe toys and all. His father is keeping him from me solely on the grounds that I have a new man in my life. I dont wantto further tramatize my son more by taking off with him suddenly. Id like to go about it the proper way in... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 27, 2020

Custody cases are often complex and a lot of work so you will likely be hard pressed to find an attorney willing to do it pro bono. That said, it never hurts to shop around and ask. If you can not find a pro bono attorney , you may at least be able to find an attorney willing to work with you... Read more »

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: My little sister has ran away from her foster home. CPS has been at my house multiple times looking for her.

Dss will not stop coming to my house looking for my little sister. I willing let them in to look the first time after that I would not let them back in. They then took papers out on me for "contribute to del of a minor" what should I do ? No proof of anything just hearsay. Also can they... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 22, 2020

My experience with DSS workers is not good. They often seem to gleefully abuse their power based on the flimsiest of evidence or even just their own bias and prejudice. Typically speaking you should never cooperate with DSS. As to what you should do now, you could likely benefit from a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.