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North Carolina Family Law Questions & Answers
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 Family Law for North Carolina on
Q: My 14 yr old son is threatening to runaway. Who can I contact to try and stop this before it happens
Krispen Culbertson
Krispen Culbertson answered on Oct 10, 2019

As much as I hate to say this, there aren't any good options, short of serious vigilance and professional counseling.

Your other options:

(a) Call the police, who will say they don't normally act in that kind of capacity -- still, they might agree to give him a talking to;...
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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 Family Law for North Carolina on
Q: My ? My son has account that his father linked up to his account. My Son is almost 18 this month and was sent his social

Security monies into his account he than transferred it to his saving to find our where it came from after finding out that it was SS. It was gone. He called bank and the bank told my son your father took it out for bills and can do whatever he wanted your still under him . He has his own account... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 5, 2019

Yes, perfectly legal. Which is why you should never have a joint account with anyone. Ever. Unless of course you have no problem with the joint account holder possibly taking all your money. Your son should consider opening his own account, assuming he is competent to manage his money.

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 Family Law and Domestic Violence for North Carolina on
Q: Can my daughter's ex take a DVPO oyt on me?And can he put my granddaughter on it?She lives w my daughter mainly.

My daughter has a child with a man that is my age.He was involved with her when she was underaged.My daughter left him and he met a girl and within a month he married her.His wife is on drugs and it is a fact even though she preaches her recovery.Anyways they move on the road I have lived on for 5... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 30, 2019

There are many ways to handle your daughter's ex - assuming you want to limit things to the legal ways. You should have a hearing on the DVPO and if you hire an attorney and keep your cool at the hearing, it will likely be dismissed and problem solved. So go consult with a local family law... Read more »

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 for North Carolina on
Q: Is the Family Court Case coordinator an elected position? Or is it a hire with in position? Who is over them?
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

This is a job within the court system similar to that of a social worker. It is not an elected position and is likely intended to be more of a way for the Court to relieve Judge's and Court Clerk personnel of the burden of having to directly deal with Pro Se filers. At this point, I believe only... Read more »

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.

1 Answer | Asked in Family Law for North Carolina on
Q: Is this legal?

I live in the state of Nc. I was with my ex for 2.5 years. Never married. We adopted a dog together but the paperwork is in his name only. When I left the house (almost 30 days ago) he said in front of two police officers that I was allowed to take the dog with me. He is now emailing me that I have... Read more »

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

Maybe you have a case but why bother? Just give up the dog, go adopt a new one and move on. Otherwise, you are likely just playing into his plan to screw with you over a dog.

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
Kevin E. Flynn answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am 16, but when i turning 17 in march. I want to live on my own,can i move out at 17 and my mom cant bring my back?

I have wanted to move out of my moms house since i was 15. when i was 15 i runaway but the cops brought my back so im trying to figure out if i can leave at 17?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2019

Of course you can not move out when you are 17. Nor should you - you can't even write a sentence correctly. Just stick it out until your 18 and then go do what you want.

1 Answer | Asked in Family Law and Adoption for North Carolina on
Q: About to turn 18.. can I legally run away to live with a 18yo? Could he/she go to jail for me living with them?

I want to leave my parent's house.. They're manipulative, they don't care about my feelings, the mentally abuse me, etc.. I can't stay here.. I know someone that will take me in, but they're afraid to go to jail.. They said if it was legal.. They would.. I'm 17.. I can't wait another 10 months of... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2019

At 18, it is not called 'running away' it is just called 'leaving your parents house' - which is something you are suppose to do. Until then you need to stop whining and suck it up and deal with it like everyone else. Best of luck.

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 Child Support, Divorce and Family Law for North Carolina on
Q: what should i do? my ex and me have been separated for a year. we split cause he cheated we also have a 2 year old

He recently decided he didnt wanna help with our daughter because he says he only married me for a citizen ship our daughter was a mistake.

Denise Anderson
Denise Anderson answered on Sep 18, 2019

If he refuses to pay child support, an attorney can assist you to file an action for child support. The father will then pay because the order will be enforceable by the court.

1 Answer | Asked in Family Law for North Carolina on
Q: As an unmarried mother from Florida without a court order, do I still automatically have sole custody over children?

I moved here from Florida, we established child support in florida, case hasn’t transferred to North Carolina yet.. but do I still have full custody of my child even though father and I were never married.

Melissa Averett
Melissa Averett answered on Sep 17, 2019

No. Both parents have the same custodial rights to the children until there is a court order stating otherwise. You need to talk to a family law attorney to protect your rights.

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 »

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I have a 50B no contact on my wife. After I told her I was separating because the relationship is toxic.

In my case I want to file for bed and board divorce and I’m moving our before the 10 days on the 50b. What if she files the bed and board before me? Or what if we both file at the same time?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 16, 2019

First, you'd need an attorney to file a divorce from bed & board (which BTW despite the name is not an actual divorce) - that isn't something you or your spouse could do yourselves. Second, there's no way it'd be ready or even needed if you are moving out in the time frame you say you are.... Read more »

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3 Answers | Asked in Family Law for North Carolina on
Q: Can I be sued for visitation rights if I have proof by texts and pictures that the other parent has been making. Visits

I was served summons papers yesterday by ups

Krispen Culbertson
Krispen Culbertson answered on Sep 16, 2019

Yes, you can be sued for court ordered visitation in order to settle the rights of each party by court order.

At the hearing on that motion or suit you'll have the right to present your text evidence and to show the judge you've been acting in good faith and are therefore a fit parent to...
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