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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Child Custody for North Carolina on
Q: Hi. I have a friend, a 21 yr old single mother being tricked in family court and needs an atty pro bono if possible.

She has 2 kids and has been trying to handle a messy visitation agreement on her own. Shes being tricked by her babys fathers lawyer into signing things. She has a court date set for the end of this month and no representation as she cant afford to hire one. Shes scared shes going to lose her kids.... Read more »

Melissa Averett
Melissa Averett answered on Oct 16, 2019

Raise money for her to hire an attorney. Do a fundraiser, post on GoFundMe, try Facebook donations, but trying to find a pro bono attorney is pretty much a non-starter. But you might be able to convince an attorney to take it on a flat fee of 2500 to 5000. Practicing law is an extremely... Read more »

3 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: What is the time that an attorney has to respond to a Show Cause and Contempt?

We have filed a Show Cause and Contempt along with an Amended Motion to Modify Custody on July 24, 2019. My Ex attorney was served by fax the same day as well and certified mail received 3 days later. As of today we have not received a response and her attorney is not answering emails, calls or... Read more »

Adam Bull
Adam Bull answered on Oct 13, 2019

Most motions are to be answered within 10 days, plus time for service.

With contempt the court should set a hearing to advise the adverse party of their rights to counsel as they could be jailed for a willful violation.

I would not be as concerned about the other side responding...
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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test of a child?

Mother was sexually involved with 2 men, not married to either, but lives with Man A. A prenatal DNA test was done and the results state Man B is the father. Mother states that she is moving forward as if the baby belongs to Man A. Can she refuse to allow a second DNA test with Man B upon the birth... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 10, 2019

Yes, she can refuse and then man B can get the Court to force her to comply. Of course, unless man B plans to try and obtain custody of the child, all man B is really doing is setting himself up for 18 potential years of paying child support.

1 Answer | Asked in Child Custody for North Carolina on
Q: How to file custody when one parent left the state of NC and has threatened to come back and remove the minor child?
Melissa Averett
Melissa Averett answered on Oct 7, 2019

you need to hire a family law attorney in your jurisdiction to file for custody. A custody case is not something you want to do on your own when the other parent is threatening to take the child out of state.

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Do I need a lawyer in my county or the county where the baby will be born to discuss and establish paternity?

I live in Oxford. The baby will be born in Jacksonville. We took a DNA test that states I am a 99% match. Neither parents are married and based on the results I wish to file for legitimation.

Angela L. Haas
Angela L. Haas answered on Oct 4, 2019

You can legitimate at child, by doing one of the following:

1. The child will automatically be legitimate and you will go on the birth certificate, if you and the mother are married prior to the child's birth.

2. You can file an action for legitimation at any time prior to the...
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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: What to do about child visitation being refused unless work contract reimbursements are sent with child support in place

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Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 3, 2019

Your husband is the one allowing it. He needs to either hire an attorney and fight it out or comply. Those are his very simple basic choices. Have him pick one.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Can my dad legally kick me out of his house?

My parents are divorced and my father forced me to pack all my things and make me leave and go to my moms house. I have siblings still at his house and I want to go back but my father won’t let me. Is this legal?

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

As long as you have a safe place to go, yep, 100% legal. What in the world would make you think you get to dictate the rules in your dad's house?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I do apolojise as I am not that intelligent that is why I am looking for answers my daughter is 16 years old I took her

Phone away her boyfriends grandmother bought my daughter a prepaid phone without my approval legally can I take the phone away what is the law on cell phones and minors

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

Unintelligible means 'impossible to understand. I did not mean for you to think you are unintelligent. As to the phone, yes, you as the parent can control what property your child possesses. So you may take the phone from the child. However, you should return it to the grandmother.

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: During a separation can one spouse take the other to court to get money or visitation with kids?

He was on drugs and I put him out. He has taken personal possessions but I refuse to give him money. I know what he’ll do with it. Can he do anything before the year is up?

Krispen Culbertson
Krispen Culbertson answered on Sep 23, 2019

Yes, if there was a marriage, he theoretically can file as a "dependent spouse" for what is called post spousal support. He'd probably need to consult with and pay an attorney to figure this out, however. The pleading requirements are a little complicated. He could also ask for what is known as... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Looking for a little help. I live in North Carolina. My husband and I have his 4 kids full time for 2 years now.

Looking for a little help. I live in North Carolina. My husband and I have his 4 kids full time for 2 years now. BM was released from jail in April. We have since filed for custody, she responsed through the court's with a request for extension to seek legal representation. It was granted til... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 17, 2019

Of course she can do it. The real question is whether it is legal for her to do so. The answer to that is if there is no custody order or other enforceable agreement in place then yes, she can as she has as much right to the children as the father. However, if she pulls a stunt like that it will... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: How do I obtain temporary custody of out of state child in NC?

My grand child is in NC with her father. Her mother lives in Missouri. The father was granted temporary custody due to the mother not being served in Missouri to appear in court in NC until the day of court. (which made appearance impossible). We have been traveling from Missouri to NC for the... Read more »

Angela L. Haas
Angela L. Haas answered on Sep 5, 2019

Short answer is "yes". With that said, there are a lot of variables, depending on the following: Why does the mother live in Missouri and the father lives in North Carolina? How long has each lived in his/her respective state? How old is the child? What does the child want? Is the child in school?... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: Mother has been TPR (terminated parental rights) and took kids from a home knowing she has no rights? dad full custody

Father has sole full legal custody and the bio mom's rights have been terminated. she went in the middle of the night and got the children 14 and 13 at the time of crime and took them through 5 county lines and refuses to return children. what is the crime here? and how does father prosecute?

Angela L. Haas
Angela L. Haas answered on Aug 28, 2019

That would be kidnapping. The father should contact law enforcement.

1 Answer | Asked in Small Claims, Family Law, Child Custody and Child Support for North Carolina on
Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!

He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.

He petitioned the court for change... Read more »

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

You have the wrong idea about how things work.

"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.

Can the funds be placed into an escrow account pending custody to change order...
Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Farther has primary custody. He has not fixed minor child’s teeth in six months. What can I file to get him in trouble?

Father has primary custody. I only see minor child every other weekend. She has four cavities. I told him to get them fixed. He tells me he will but never does it. I can’t take her to dentist and do not have the policy number. He denies me the information. The temporary parental order doesn’t... Read more »

Krispen Culbertson
Krispen Culbertson answered on Aug 27, 2019

The custody agreement or order (if there is one) will provide the remedy. If the father is obligated under the consent or custody order -- or under a custody agreement -- to provide orthodontics services, your lawyer can make a motion to show cause for contempt to ask a judge to force him to do... Read more »

1 Answer | Asked in Child Custody, Family Law and Child Support for North Carolina on
Q: What needs to be done to get custody and what is the cost?

My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.

Angela L. Haas
Angela L. Haas answered on Aug 1, 2019

She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency, if the... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I have a DVPO for one year against my husband and we just started mediation can he legally come take my kids from me

The kids name are not in the paper

Angela L. Haas
Angela L. Haas answered on Jul 24, 2019

If Custody is not covered in the DVPO, then legally he is entitled to see the children, but he cannot come and take them from you if they are in your physical custody

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: I dont get to see my 8 year old or communicate at all. Wife of 1 year and 4 children I am soul provider for in my home

What can I do about not seeing or communicating with my 8 year old. And I pay 380.00 month just for him. I do not make a lot of money and I can barely take care of myself, my wife and our 4 children in the home.

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

In order to secure your rights to visit with your son, you'll need to file a Complaint for Custody/Visitation, and get the court to enter an order with specific days/times when you can have custody of or visit with your 8-year old. You are not legally obligated to support your wife's children, if... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My niece wants to stay with us; her mom agrees, but we need something signed by a judge. What paperwork is this?

She needs to enroll in school, and they wont take her unless it's signed by a judge. She's a single mom, and my family doesn't have a lot of money for a huge court payment for something that should be simple. I love my niece, so I want to know if we have options

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

You'll need to have a court order giving you legal and physical custody of the child. The child's father will need to also consent. First, you need to file a Complaint for Third Party Custody, and then you can submit the Consent Order to the judge to enter with the court. There are other minor... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: The father has primary custody. I’m having a surgery and can’t take my daughter for my time. Can I be held in contempt

The father has primary custody of minor child. In the Temporary Parental Order, during the summers, we have alternating custody on a two week schedule. I am having a huge surgery where bones are being taken out and bedridden for a month. I told the father a month in advanced. I have text messages... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 13, 2019

No. The courts will not make someone exercise their time. The court will only enforce one's right to exercise his/her time with the child if they want to. Have your surgery, heal, and then resume your time with your child. Perhaps he may be willing to let you have 2 of his weeks in the future to... Read more »

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1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: Does it matter that custodial parent doesn't work or financialy support kids at all

So my son technically pays the bills Cause he gets disability but doesn't require 24hr care kids get food stamps she doesn't financially support kids at all does it matter

Angela L. Haas
Angela L. Haas answered on Jul 11, 2019

You should be paying something with a portion of your disability income. If she is intentionally not working, in order to avoid her child support obligation, then "yes" it matters.

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