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 »
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.
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 »
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
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 »
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 »
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 »
The mother contact the family in October tell us that she need the child to come here because they we're homeless. Now she is wanting to move back to Washington to live couch to couch again. We want to make sure we stay in contact with her because this is not the first time the mother has been... Read more »
He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).
You can, but if there if there is someone he can stay with, that might be a better idea. It also depends on his maturity level, and how and how often someone would be checking in, how far away you are going, and whether he knows what to do in an emergency. If he has another parent or someone close...Read more »
My boyfriend and his ex-wife are separated,but are not divorced as of yet. Hey do you have a mediation appointment set for the first week of August. There is no court order or motion for anything in regards to custody, child support, or alimony. But what we have looked up, he still has equal... Read more »
It is legal if she has good cause. However, likely she does not have good cause and is just using the children as a way to be vindictive. If she does not have good cause, doing what you describe her to have done will make her look bad in court and may also be a crime. Your boyfriend, needs to...Read more »
You can file in MD now, or wait until October 14th and file in NC. If NC, you would be filing for Custody (not guardianship). The parents can sign a Consent Order for Custody, which will give you what you need to take care of the child, and if their situation changes, they can file to have custody...Read more »
If the child was not yet born, you are not supposed to 'report' it on the divorce paperwork. As to rights, if you are the father - you have rights. You may have to assert your rights but you do have them.
on child support. She said that he can go to court to get joint custody. I don’t understand. How he could think to do that when he’s not even around our son, he’s with me all the time. I asked my mother about this and she said that he could. My question is even with child support going... Read more »
Husband is in family home after work with children until I come home after work and a beer at my apartment. He made it impossible for me to stay there. I got apartment to get away from him yelling at me and all the arguing. I always sleep at home with my husband and children. My husband is starting... Read more »
It is fine that you got an apartment; however, it sounds like you need to file for custody as soon as possible. There are other things you can do to protect yourself and the evidence which you will need for your case. Consult a separate attorney about how best to go about this, if your current...Read more »
So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up having to... Read more »
In 2015 florida courts granted custody to my ex wife who had hardly had any part in her life until then. (I believe due to gross misrepresentation, since my attorney was fired afterwards and i was not charged what i owed.) Now my daughter is 11 and still living with her mother, in onslow county.... Read more »
If you are going to register the Order now, it would need to be in NC (Onslow County). Once registered, you should file a Motion to Modify Custody. While you are at it, you may want to include a Motion to Modify Child Support in the same filing. Consult with an attorney about more of the specifics...Read more »
Had a case and my daughter was pose to be with her father but ended up with a friend he worked with cause he got locked up. Now the individual did an emergency hearing and I don't have my child but I'm trying to figure out how to get full custody
We moved here in N.C on 5/2018 from Md. and my husband sent us ahead to a rental property that he was supposed to accompany us when he found employment but instead ask for an divorce again after reconciliation when he had abandoned us before in Md.
You should be entitled to spousal support, if he has any disposable income after meeting his reasonable monthly expenses, and you have not committed adultery. The sooner you file an action for Post-separation support and alimony, the better.
My father is abusive towards me and i want to live with my mother i have reported this to DSS multiple times and wont take it to 215 or do anything about it. the law is "it is not illegal for a 17 year old to run away without parental permission. Since it isnt against the law there is no... Read more »
You can leave and go to your mother's. However, the police may suggest that you return, and will certainly encourage your mother to encourage you to do the same (since he has custody); however, they can't make you. Your mother could file a Motion to Modify Custody, and at least get it filed with...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.