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North Carolina Child Custody Questions & Answers
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 »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Total stranger was moved in ex’s house. He’s using my son’s bedroom. I’m concerned for my children’s safety.

Can I withhold visitation? Where is my son supposed to sleep? My daughter is 13. We know nothing about this man and the worst part is their father hasn’t even divulged that he’s moved in! Where is my 17 year old son supposed to sleep? He has autism and mentally/emotionally he’s not 17. Do... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 19, 2020

More often than not, these types of concerns are more about disapproval of the ex rather than an actual legitimate concern for child safety. However, if you believe you have a legitimate concern, it is likely your best bet is to consult with a local family law attorney ASAP who can objectively... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: If I’m 16 in the state of North Carolina and I’m in parental custody could I still sign papers for emancipation?
Melissa Averett
Melissa Averett answered on May 18, 2020

Emancipation is more complicated than just signing papers. The following blog has the requirements for emancipation in NC. If you have additional questions, you will need to hire an attorney to assist you. https://averettfamilylaw.com/?s=emancipation

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: What is the next step when someone is violating an court order?

This is not the first time he has violated these, all I have are text messages proving that he is using my son against me because he cant get what he wants, which is me. I have sole custody but what else can I do to get more custody? But not take away his visitation?

Amanda Bowden Houser
Amanda Bowden Houser answered on May 17, 2020

If someone subject to a Court Order is violating the Court Order, typically the next step is to file a Show Cause Motion. If the person has no legitimate reason for violating the Court Order, a Judge will typically take some action to correct the violation. This action could take any number of... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: I got a custody/visitation summons from my children's father. I live in NC. How do I go about answering to the summons?

He was verbally abusive to me and the kids. That is why we all three live in North Carolina with my mother/their grandmother.

Angela L. Haas
Angela L. Haas answered on May 7, 2020

You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support,... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Divorce for North Carolina on
Q: My ex wife is trying to blackmail me in order to see my kids is that legal
William Jaksa
William Jaksa answered on May 5, 2020

No. You should direct the question to a lawyer that practices family law.

1 Answer | Asked in Child Custody for North Carolina on
Q: There is no written custody agreement mom has been having child during week dad weekends Mom wants to move to Ashevlle.
Angela L. Haas
Angela L. Haas answered on May 5, 2020

If there is no court order preventing mom from moving with the child, she can. However, if she does so without getting consent from dad or permission from the court, this could end up hurting her in a custody case.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: My wife and I are separated and my middle daughter who is 13 has decided she wants to stay with her mother.

We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were... Read more »

Angela L. Haas
Angela L. Haas answered on May 5, 2020

You'll need to file a lawsuit for custody, if you want to enforce your agreement and/or get more time with them.

1 Answer | Asked in Child Custody for North Carolina on
Q: Hello so i have 2 daughters and i pay child support and medical for my kids. Do i have rights to my children
Angela L. Haas
Angela L. Haas answered on Apr 23, 2020

I am assuming since you are asking the question, you've been told by the children's mother that you have no rights and can therefore not see your children. Unless there is a court orders stating otherwise, the short answer is "Yes. You have rights." The extent of that right is... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: If both of my parents are willing to emancipate me can I be emancipated in North Carolina without going through a court?

I haven’t lived with my parents in over a year. I am still in contact with my mother, but my family has been abusive my entire life, with my father being arrested for domestic violence, (my mother dropped the charges but we had a restraining order for a few months) and my mother being in a... Read more »

Angela L. Haas
Angela L. Haas answered on Apr 22, 2020

Short answer is: you'll need a court order. If you are almost 18 anyway, I'm not sure why you couldn't just wait until your 18th birthday to be able to make your own legal decisions. Contact an attorney to learn more about your options and the process of emancipation.

1 Answer | Asked in Child Custody for North Carolina on
Q: my mother has got emergency custody of my son today there is a hearing tomorrow what can i do

talking on the phone would be easier to explain the situation please call me at 828-618-0308

Angela L. Haas
Angela L. Haas answered on Apr 6, 2020

First off, plan on going to court. Use the Find a Lawyer tab at the top to contact family law attorneys in your area with whom you can have a telephone consultation.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I’m looking for insight to obtaining custody of my child

My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 31, 2020

You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have an open case against my son's mother in Cleveland County North Carolina she has taken my son and left the County

I am the one who opened the case against her do she have the right to move from one County to another County without letting DSS or myself know in the state of North Carolina

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 28, 2020

Unless ordered by the court to do so a person generally has no obligation to get permission from or tell others that or where are moving. In fact, sometimes the purpose of the move is so that others don't know.

1 Answer | Asked in Contracts and Child Custody for North Carolina on
Q: Is a paper signed an notarized about custody a legal document ? Without going to court

My son's mother is ignoring me about our son an i have a paper signed by her that is notarized saying nither one of us would keep him from each other what can i do?

Angela L. Haas
Angela L. Haas answered on Feb 27, 2020

You'll have to go to court, to either enforce the contract under a breach of contract action, or file for custody in court to get a Custody Order. The other issue is, if only she signed it and you did not, there is no contract unless you can prove that she signed it in exchange for something... Read more »

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