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North Carolina Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband died while our division of assets was still being worked out, due to a prolonged illness.

We are divorced 2 years. Can the divorce be overturned?

Jammie Lynn Wacenske
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Jammie Lynn Wacenske
answered on Nov 13, 2023

No, but if you mean that he died while the division of your assets were still being worked out means that you filed for equitable distribution and that was still a live claim that was incomplete when he passed, then the personal representative of the estate should be able to continue see that... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Is it legal to back date a separation in NC to divorce prior to one year apart?
N'kia (NLN)
N'kia (NLN)
answered on Oct 19, 2023

Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: How do I check to see if my step mother has petitioned to the clerk regarding my Father’s ( her husband) mental capacit?

I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust

T. Augustus Claus
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answered on Oct 10, 2023

In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship... View More

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Can parents stop you from buying something with your own work money, and if you do buy it, can they take it. Child is 16
James L. Arrasmith
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answered on Sep 14, 2023

Parents generally have legal authority and control over their minor child's actions, including managing their finances and possessions. They can restrict or take away items purchased with the child's money if they believe it's in the child's best interest or for disciplinary... View More

1 Answer | Asked in Child Custody, Family Law, Gov & Administrative Law and Municipal Law for North Carolina on
Q: If a building inspector deems a house is against the building code, will they get dss involved for child safety?
T. Augustus Claus
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answered on Sep 13, 2023

A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: My husband sold our house without me knowing in nc. sold in August, I live here. I'm on the deed. What can I do legally

He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.

Anthony M. Avery
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answered on Sep 6, 2023

If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.

1 Answer | Asked in Family Law, International Law, Divorce and Child Custody for North Carolina on
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday

Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More

James L. Arrasmith
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answered on Aug 6, 2023

To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I have joint custody with my ex. He recently moved and won’t provide his new address

I have primary custody he only receives visitation every other weekend. I asked for the new address and he refuses to send it. Does he have to give me the new address before I release her into his custody?

T. Augustus Claus
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answered on Jul 7, 2023

if your ex is refusing to provide you with his new address in violation of your custody agreement or court order, you may have legal options available to address the situation. You have grounds to take legal action, such as filing a motion with the court to enforce the custody agreement or seeking... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: How does my dad get full custody of me ?

My mother yells at me alot and makes me cry and she makes me feel like I am nothing and I dont want to be around her toxic environment

T. Augustus Claus
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answered on Jul 5, 2023

I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when... View More

1 Answer | Asked in Child Support, Family Law and Public Benefits for North Carolina on
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement

Can i just take my child off Medicaid ? Or are there other options

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 13, 2023

In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I have a TRO hearing to freeze assets for supporting spouse. What do I need to do to prepare. What will be Court costs.

I have filed a complaint for temporary SS and alimony. I am the dependent spouse. Working hourly part time. And still staying in the marital home. Supporting spouse just got laid of and I suspect he is still in US, address unknown, though claims he is out of the country to live with family who is... View More

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 5, 2023

In NC if there is an existing action a filing fee for a Motion in the Cause is $20. If you need a Temporary Restraining Order to protect marital assets make sure that at the time it is filed a hearing is scheduled to occur within 10 days of the filing of the Order. Also your Motion needs to make it... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for North Carolina on
Q: At my adjucation hearing 1st time on, CPS filed for non-secure custody on half truths and lies that I can prove...

Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2023

You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.

If you did present that evidence during the hearing, you can appeal the court decision.

As for “filing” against...
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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If a man abandons or signs over his rights to a previous daughter, will a judge grant custodial rights of our children?

He was physically active in his previous daughters life for several years then decided to sign over rights because he did not want to pay child support. WE ARE LOCATED IN NC

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

A judge will look at the totality of the circumstances and decide what's in the "best interest" of the child who is the subject of the custody litigation. In theory, terminating a parent's rights for one child could be in that child's best interest, while giving the same... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I'm the primary legal and physical parent for my children.my current order only stayed I must notify other parent of

Contact information/ address in writing. There are no geographic limits except for traveling for vacation by giving other parent notice and itenary. Does this mean I can relocate out of state at anytime

Nova Levante
Nova Levante
answered on Apr 15, 2023

Based on the information provided, you are the primary legal and physical parent for your children, and the current order only requires you to notify the other parent of your contact information and address in writing. There are no specific geographic limits in the order, except for when you travel... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I filed to register a foreign order in smithfield do I need to wait for a court date to file a motion to show cause ?

I have custody and my exwife violates the court order constantly

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

When registration papers are filed to register a foreign order, the only issue the new state will usually deal with is whether or not to register the order. Meanwhile, the other state still has jurisdiction over the order until the new state decides that the "foreign" order is now a... View More

1 Answer | Asked in Family Law for North Carolina on
Q: How do I go about getting a court order to put my childs father on the birth certificate?

I was legally separated for 2 years when my child was born and she is not my ex husbands child. They did not put my ex name on the birth cert but now in order to add her father I need a court order

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

You can file a case in the county where your daughter resides. The biological father will likely need to take a paternity test. If he refuses, the court can order him to.

Once you've satisfied all the court's requirements, the court will declare that the biological father is your...
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2 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: Is my obgyn in the wrong? I may lose my job.

Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.

As for...
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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get supervised visitation for my son.
N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

In North Carolina, visitation is considered a type of custody. Anyone who believes they have or should have the right to visitation may sue for custody. Usually, a custody lawsuit must be in the county where the child resides. Like any type of lawsuit, there is special language that needs to be in... View More

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Can my ex-wife file child support against me for a child she had with a man while we were separated? Raleigh, NC

We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... View More

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