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North Carolina Questions & Answers
1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: So you telling me either way I have no chance of winning the case with or w/o attorney

My child godparents offered to help out with my child until I got on my feet end up expanding to a year I’m stable as possible but she filed emergency custody and she put lies on the petition that I’m unfit I never abandon my son I been in his life the whole time she had him in her care I take... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2019

That is not what I said and if that is what you understood from my response then your odds have just dropped some more. Words have specific meaning. What I said was your odds are not good with an attorney and are dramatically reduced if you represent yourself. I did not say you have no chance.... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Will this be a hard fight being that I let him stay to long in there care? Can I file a motion for dismal w/o attorne

My son is 2yr old been in his godparents care for 1yr 3 months I moved to Charlotte December of 2017 got a place end up losing it June 2018 Was going move back to Fayetteville but they offered to help me Until I got back on my feet I never wrote any agreement or rights to them now that I’m stable... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2019

You need an attorney. Based on your own description - they don't need to lie. Even if everything they said in their Motion for Emergency Custody is lies and everything you have said here is true - even with an attorney, your odds of winning are likely not good but without an attorney, they are... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Do I have a lawsuit if doctors didn't realize my 21 month old had a lip tie and now has decay and lack of weight gain?

She now may need crowns and she has had trouble putting on weight.

Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

It's difficult to say based on these brief facts. You could contact a North Carolina attorney, and if they felt there was a possibility of demonstrating causality between the failure to diagnose and the symptoms you describe, they could request the file and review the records with a medical... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: My girlfriend is in jail right now and I bonded out but she told me if we both plead guilty to a driving a vehicle

Unauthorized she said since she’s already in jail it counts as time served and that charge will be dropped is this true?

Gary Kollin
Gary Kollin answered on Oct 18, 2019

That makes no sense

1 Answer | Asked in Family Law for North Carolina on
Q: Got dna test found out child is another mans. child has other mans name and man is on BC what do i do

Baby is 7 months old. Has one mans last name he signed affidavit saying baby was his even knowing possibility it was not. Now bought a dna test sent off. Baby is another man. Other man wants baby to have his name and be on birth certificate and have his rights what does he need to do.

Angela L. Haas
Angela L. Haas answered on Oct 18, 2019

He needs to file an action for paternity and legitimation, and possibly file an action for custody, depending on the circumstances.

1 Answer | Asked in Child Custody for North Carolina on
Q: Hi. I have a friend, a 21 yr old single mother being tricked in family court and needs an atty pro bono if possible.

She has 2 kids and has been trying to handle a messy visitation agreement on her own. Shes being tricked by her babys fathers lawyer into signing things. She has a court date set for the end of this month and no representation as she cant afford to hire one. Shes scared shes going to lose her kids.... Read more »

Melissa Averett
Melissa Averett answered on Oct 16, 2019

Raise money for her to hire an attorney. Do a fundraiser, post on GoFundMe, try Facebook donations, but trying to find a pro bono attorney is pretty much a non-starter. But you might be able to convince an attorney to take it on a flat fee of 2500 to 5000. Practicing law is an extremely... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: How can I find a divorce lawyer that help with income taxes owed?

My husband and I have been separated since March 2018, we owed also 10,000 dollars in federal taxes and I need him to pay half of this responsibility. I paid all of state taxes since 2013 to 2018. I also, paid all of 2013 and 2018 federal taxes but we still owe some of 2014 thru 2017. He just... Read more »

Adam Bull
Adam Bull answered on Oct 15, 2019

When going thru a divorce, rarely is the marital estate comprised of a single asset. Are there other debts that were incurred during the marriage. All assets and debts need to considered and allocated.

If there is only debt there are ways to arrange a payment plan or structure payments....
Read more »

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1 Answer | Asked in Gaming and Copyright for North Carolina on
Q: What legal issues are there to cloning a game and "reskinning" it, akin to how monopoly clones exist everywhere?

DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and removing protected... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: What happens to the house in NC when one of the owners dies?

Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 14, 2019

Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.

2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a illegal immigrant and he was convicted of Cocaine and plead guilty to drug paraphernalia what to do now?

My husband is a illegal immigrant and he was convicted of Cocaine and after hiring a criminal lawyer his final outcome was that he plead guilty to Drug Paraphernalia but now its affecting his immigration but the criminal lawyer that we hired he did not explain to my husband that if he plead guilty... Read more »

Allen C. Ladd
Allen C. Ladd answered on Oct 14, 2019

I'm going to assume the paraphernalia charge was related to cocaine. ANY GUILTY PLEA related to ANY controlled substance, OTHER THAN a small amount of marijuana, will most likely mean your husband will be DEPORTED.

To answer your question: You need to speak to another criminal defense...
Read more »

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1 Answer | Asked in Tax Law for North Carolina on
Q: I'm in 2 LLPs with income in WI. Both filed composite returns for investors. How to handle, since you can't be in two.

I'm a limited partner in two real estate partnerships that file composite returns for the investors.  I opted into the composite return, and then realized that I have income in WI from both partnerships (I'm a non-resident).  I don't think WI allows an individual to be included in more than one... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 13, 2019

Put both k-1s on your individual return. Include all withholding.

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 Child Support for North Carolina on
Q: How do I get the courts to sign off on a child support order. I went for child support last year and still nothing

I was granted full custody I last year. And also asked for child support... The judge gave me the worksheet of the amount I would get.. I called and they told me they don't see any court order.. Now i don't know where the judge is. I have a new family court judge

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You need to schedule a hearing on child support, and at this point retroactive child support. A family law attorney in your district, or child support enforcement can help you with this issue.

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;...
Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce?

I heard you can still be held responsible for another man's child if the child is born into your marriage.

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You still have to wait a year. You need to talk to a family law attorney in your jurisdiction about the steps you can take to protect yourself from having to support the child born to the marriage.

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.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Can I cancel a timeshare I just signed up for?

I was in Akumal, Mexico 2 weeks ago and signed up for a timeshare. I got a great deal and it's not that I can't afford it but after thinking about everything for 2 weeks I'd rather do something else with my money. They mentioned something about not being able to cancel it but there has to be... Read more »

Michael Hales
Michael Hales answered on Oct 10, 2019

Timeshares in Mexico give you a 50-day rescission period, so you're likely too late to use that route. You may still be able to get out of the contract, but you no longer have the easiest route to a refund/cancellation. When I've helped clients in similar situations, some have mentioned facts that... Read more »

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Got a speeding ticket on I40 east, my ticket has several inaccuracies. My first name is spelled wrong, my licensing

state is wrong and my address state is wrong. I was doing 72 in a 65 with another car right next to me. The officer clocked that car first at 70 and choose to pull me over. On the ticket he put down 72 in a 55 which is false. When I pulled over it was in front of a speed limit sign stating 65. What... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 10, 2019

The likely hood of a dismissal is so close to zero as to be virtually indistinguishable - especially if you try and handle it yourself and roll up into to Court saying all the incredibly irrelevant things you did in your question. Just hire the cheapest traffic attorney you can find and oh yeah,... Read more »

1 Answer | Asked in Immigration Law and Native American Law for North Carolina on
Q: Can a USA citizenship have 2 more citizenship and passports other then the American one?

Hi, I am Brazilian and I'm about to receive the USA citizenship, so I'll be citizen in 2 Countries, Brazil and USA, and of course, I'll have the both passports. Besides that, I just realized that if I want I'm able to request the Portuguese citizenship and the portugueses passport (what would be... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

As far as the US is concerned you can carry a US passport and that of another country. You will need to see what the Brazilian position on the matter is.

2 Answers | Asked in Juvenile Law for North Carolina on
Q: Is it legal for a minor to be questioned without his gurdian or lawyer present in the state of North Carolina
Krispen Culbertson
Krispen Culbertson answered on Oct 8, 2019

It depends upon the context. Is it a criminal investigation or testimony (or witness interview) in a criminal case?

If it's criminal, yes. A cop can question a minor as part of a criminal investigation.

If it's civil, it depends on many things and we'd need to know if it's...
Read more »

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