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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I have a question due to the state taken my children
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 6, 2019

If you want your question answered you have to actually ask the question.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I live with my mom because she has full custody and I have a 9 month old son at 17.

I have betrayed their trust before but that's becuase I want to independent and live with my dad like i've wanted since 13, I go to school and have a job, Could go i just to my dads or can my mom force me to go home even if i bring a cop with me

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

No cop who values their job will go with you at 17. Just wait it out until you are 18.

1 Answer | Asked in Child Custody for North Carolina on
Q: im 17 3 months away from 18 and want ti live with my dad because we have a good connection but my mom has custody of me

my dad and i have a good connection and I can't take the stress from my mom and step dad even though they help me a lot, I have wanted to be with my dad even though sometimes it's not the best place at times but thats where i want to be

Adam Bull
Adam Bull answered on Dec 4, 2019

at 17 you have the ability to have input on your custody, however no one can change the Court order but the Court unless the parents agree. Your father can file a motion to modify custody. To prevail he will need to show that there has been a substantial change of circumstances and that changing... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son's father had a temporary custody order that was dismissed November 13th of this year. He want let me get my son.

Family court dismissed the order against me. But my son's father still refuses to let me have my son. My son is being neglected And possibly abused because his father is a alcoholic. How can I get my son back.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 27, 2019

If there is no order currently in place, he has as much right to the child as you do so he can refuse to let you get the child (although that will make him look bad in future court hearings if he does not have proper cause for the refusal). So you need to get a custody order of your own if you... Read more »

2 Answers | Asked in Family Law, Child Custody and Military Law for North Carolina on
Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

Adam Bull
Adam Bull answered on Nov 25, 2019

These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: I have primary custody, ex wants 50/50

He has had 4 different jobs since weve been separated (4 years) and his current job schedule at the railroad has changed 3x the last year. I don't want to split custody until he has a set schedule, is this a reasonable reason to get a lawyer, or is there a big chance I may be wasting my time.

Angela L. Haas
Angela L. Haas answered on Nov 23, 2019

It is possible for him to get 50/50. He would need to notify you of his schedule, as soon as he gets it, and if you were willing to work with him on some flexibility, it could work. There are many factors which would go into deciding whether 50/50 is in your child(ren)'s best interest, other than... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: My fiance text message me, I have full custody of two of our daughters. Can I use this text message in a family court.

Got into a argument over responsibility. Then she text message me that I can have the girls.

Adam Bull
Adam Bull answered on Nov 20, 2019

Any communication from an asverse party is admissible as a statement against interest.

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's father sent me a text message conceding his visitation time. Does filing modification require court date?

He had not seen her for 4 months prior to this text message, and has seen her three time since. He has brought us all her belongings from his home. I have not heard form his attorney after asking several times, and the attorney that previously represented me is waiting for the other party to act.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 18, 2019

You need to go back to your attorney - you have no idea what you are doing.

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1 Answer | Asked in Child Custody for North Carolina on
Q: I am 16 and I believe I’m pregnant. My mom does things that I do not want my child anywhere near can I legally stay

Somewhere to keep my child away from that? I’m also scared that my parents will try to hurt my child why can I do to prevent that? I’m also terrified that my parents will keep me away from the babies dad can they legally do that?

Adam Bull
Adam Bull answered on Nov 12, 2019

If you are in danger for yourself or your child, you should call social services and or seek a restraining order. You also need appropriate prenatal care for your child.

Legal services should be able to assist you.

1 Answer | Asked in Child Custody for North Carolina on
Q: where do i find the form that i need to fill out for change of venue for a closed custody case?

there is a closed custody case in onslow county and i would like to move it to duplin county before reopening the case

Melissa Averett
Melissa Averett answered on Nov 8, 2019

There are no forms for that. But you may be able to find an attorney to draft it for you, and tell you how to file it with the court, serve it on the other party, schedule the hearing, and then conduct the hearing yourself. Or just hire an attorney to handle it for you.

2 Answers | Asked in Child Custody for North Carolina on
Q: i’m 17 i’ll be 18 in february. can i move out w/out parents permission && without emancipation?
Melissa Averett
Melissa Averett answered on Nov 8, 2019

Yes, in February. You're not 18 years old and legally an adult until you're 18 years old.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can the mother filed for full custody even though they have a shared custody agreed verbally w/the father?

They sit and talk 2 days before she filed for custody it was clearly discuss and agreed to retained the schedule of the child with his father and will talked more about them moving some other time because she still need to attend a family gathering. But she blind sided the father and filed for... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

Either parent can file for custody at any time. Any verbal agreement is not binding or effective and is subject not only to interpretation issues but is not enforceable.

The legal test for custody is what is in the best interest of the child, not whats best for the parents.

Consult...
Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: If you found out you had a kid 9 years later not on birth certificate are you responsible for all 9 yr of child support

No one is on the birth certificate but the mom but she was married at the time

Adam Bull
Adam Bull answered on Nov 4, 2019

potentially. If she was married at the time there is a presumption that her husband is the father which may give you some protection. At the same time you have a duty to make reasonable follow up on your actions to see if there was a child born. You also may be subject to action from the husband... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Current order Nc. Kids live in wa. Filed modification in nc but judge is trying to see who has jurisdiction nc or wa

Kids lived in nc 6.5 yrs then moved to wa when order was made in 2015. I have filed a modification to custody in nc where i live back in june and just got a court date in nov to see who has jurisdiction nc or wa. But nc has not released jurisdiction to wa so i think my case should remain in nc???

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 29, 2019

Jurisdiction typically goes where the children reside unless the order retains jurisdiction. Even then it would likely be super easy for the other parent to have a WA Judge step in. So it really depends on whether the other parent wants to make things difficult for you. If so, you will likely... Read more »

2 Answers | Asked in Child Custody for North Carolina on
Q: can i make my 14 year old daughter pay her phone bill?
Adam Bull
Adam Bull answered on Oct 28, 2019

Certainly. Your the parent. This is a parenting decision. If she is not responsible enough to manage the use of a phone, shes not responsible enough to have a phone.

Contrary to popular youth belief, a phone is not mandatory.

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2 Answers | Asked in Child Custody for North Carolina on
Q: How to go about getting temporary guardianship?

My niece is 15 and her and her mom are not getting along and my niece wants to come back and live with me. I live in NC nlw and her mom lives in Maryland. Her mom has no problem with her coming back to live with ms or giving me temporary guardianship. My brother (which is her father) is... Read more »

Adam Bull
Adam Bull answered on Oct 25, 2019

biological parents have a superior right to the physical custody of the children however this right is not absolute. Mom could allow child to come live with you and execute a power of attorney and a health care power of attorney however many schools will not accept this to allow you to enroll the... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... Read more »

Adam Bull
Adam Bull answered on Oct 24, 2019

As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test on a child?

Mother sexually involved with 2 men. Lives with Man A. Took a prenatal DNA test with Man B that came back 99% Man B is the father. Mother tells Man B that she is moving forward as if Man A is the father.

Adam Bull
Adam Bull answered on Oct 24, 2019

either potential father can file either a custody action or a paternity action involving child. Once paternity is raised the Court will order paternity testing. The mother cannot refuse without facing contempt. If the mother is not married there are no presumptions of paternity.

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