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North Carolina Family Law Questions & Answers
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 Family Law for North Carolina on
Q: Is there a statute in NC that guarantees family members unobstructed access to their family cemeteries?

Even if no family member owns the property on which the cemetery is located.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on May 24, 2020

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_65/GS_65-101.pdf

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_65/GS_65-102.pdf

Please take a look at the two links above. The second link addresses entering public or private property...
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3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on May 23, 2020

If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

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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 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 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.

2 Answers | Asked in Family Law for North Carolina on
Q: My 16 & 15 y/o have been staying with my mom during covid19. now they refuse to come home. how to i make them come home

I am a registered nurse and work in the emergency dept. my kids have been social distancing from me to keep them safe. We live in NC. I have full sole custody of them.

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

Generally, unless your mother has legal custody (a court order, giving her custody), she cannot keep them without your permission (that's potentially kidnapping). She must have either your permission, or the other parent's permission, to keep them. That's the legal part.

The...
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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 Family Law and Child Support for North Carolina on
Q: do I have any say?

My ex and I have a son together and she and I agreed that I would pay the power bill at the house she is in in lieu of child support. She is in a house with 10 people now. I only have legal obligation to one person in that house and that’s the minor child. My question is, if I pay the full amount... Read more »

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

You really should just pay whatever amount of child support you are required to pay under child support guidelines and then you would not have to be concerned with these other petty issues. That would likely be a significant burden you'd no longer have to be concerned with. As to what say... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I have been on ssdi for 1 1/2 years. I am unable to pay child support arrears. How do I make sure the stimulus check

goes to the arrears? Thank you

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

Don't worry they will very likely take care of that for you. Likely all you will need to do is make sure you get the credit for it. Best of luck.

1 Answer | Asked in Family Law for North Carolina on
Q: My brother is 17 years old and doesn’t want to live with his dad!

My parents were married but gotten a divorce , my dad had hit my brother when he was 12 a few times . In there court order it says if my brother doesn’t want to see or speak to my stepdad dad he doesn’t have to, but also it states if 1 parent is sick or deceased he has to go to that parent...... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 16, 2020

Bad news is you likely can not do anything (at least from a legal standpoint). Good news is he only has to deal with it for less than a year. Of course, it never hurts to consult with a local family law attorney who can review your situation in detail and lay out any options you may have. Best... Read more »

1 Answer | Asked in Family Law and Probate for North Carolina on
Q: In NC can I have my spouse removed from deceased grandfathers Land

I had to leave because he wouldn't an I am hier to the land but my husband says he is entitled to half we are not devorced

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 15, 2020

You didn't have to leave (and likely should not have unless there was physical danger) you could have attempted to force him out by filing a Divorce from Bed and Board. That is likely still an option so you should consult with a local family law attorney ASAP. And BTW your spouse is likely... Read more »

1 Answer | Asked in Family Law, Child Support and Juvenile Law for North Carolina on
Q: Is it illegal for a 15 year old in NC to leave home without parent consent?

By leave home I mean go to a friends house and be back by state curfew.

Melissa Averett
Melissa Averett answered on Apr 10, 2020

It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am having to pay child support for 2 kids that's not my biological kids there in north Carolina and im in Indiana

I have no way to get to north Carolina to petion the court is there anything I can do online

Adam Bull
Adam Bull answered on Apr 9, 2020

Where in NC? you can hire an attorney in NC in the locale of the case and they can file the motion to suspend or terminate support. You would need documentation that you are not the biological parent and even with that there may be issues that bar you from raising paternity as a defense if you... Read more »

2 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: My 17 year old daughter thinks that she can hang out with who she wants and stay where she wants to live. I disagree

She thinks she can stay with her dad who is a immigrant. She thinks she can go to whatever school she wants and does not have to follow my rules.

Adam Bull
Adam Bull answered on Apr 5, 2020

She is still a minor under NC law, unless she has filed a petition to emancipate herself, which is difficult to prove and she would have to show she can provide for herself without assistance, has employment, and a place to live, and is not merely a recalcitrant teenager.

At 18 she will...
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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 for North Carolina on
Q: My son is 18 and dosen't follow our rules. Can I kick him out?

My son is 18 and dosen't follow our rules. He is a senior in high school but doesn't go on a regular basis, so he most likely will not be graduating. He disappears for days at a time and won't communicate with me when I try to reach him. I've been having a lot of problems with... Read more »

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

Yes. You have zero obligation to continue to enable him after he is 18. Feel free to put him out on his own.

1 Answer | Asked in Family Law for North Carolina on
Q: I'm dating a 17 year old and I'm 13. We are in a LDR and nothing sexual is being talked about. Is it ok for us to date?
Adam Bull
Adam Bull answered on Mar 30, 2020

Your are flirting with a problem, no pun intended. It's ok to be friends, but you should draw the line there. It's a ldr as you pointed out. I'd start looking around for someone closer geographically and age wise before progressing too far. Your young and I'm sure have many... Read more »

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