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North Carolina Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: How do birth certificates work in North Carolina?

I'll be 18 the month after my son is born and my partner of 2.5 years is 20. We are not married and would like to wait for marriage. I'm curious because I'm a minor by technicality. Will he still be allowed on the birth certificate? Will they still allow him to sign it saying our son is his child?

Angela L. Haas
Angela L. Haas answered on Jul 1, 2020

Yes. He can sign the Affidavit of Parentage, and be listed on the child's birth certificate. To legitimate the child, however, he will need to adopt or marry you.

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 Immigration Law for North Carolina on
Q: NVC has received approved immigrant visa petition from USCIS? Can I still file i-485 for adjustment of status?

My parents immigrant visa petition has been approved by USCIS and send to NVC. They are in USA on visitor visa and I am thinking about filing i-485 so they dont have to travel back and forth in this environment.

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Yes, you should be able to file for their adjustment of status. However be sure to contact an attorney to discuss in further detail.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.

Angela L. Haas
Angela L. Haas answered on Jun 29, 2020

He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Getting a divorce. Husband has outside child unknowing to wife. Now she knows & wants child support
Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 26, 2020

I am not sure I follow your question. It seems like you are saying husband had a child with another woman and wife at one time did not know. However, wife now knows and wife wants child support. If that is the case, wife is not entitled to child support if the child is not hers. Regardless,... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have a court date for an eviction and the tenant has now paid all the back rents and I need to know how I file this

the rental agreement is now on a month to month basis

Paige Kurtz
Paige Kurtz answered on Jun 26, 2020

If you are no longer looking to proceed with the eviction, you can file a dismissal of the action. The clerk of court has a form that you can use.

2 Answers | Asked in Trademark for North Carolina on
Q: i see a trademark of a name i want to use has been abandoned how do get the trademark for this name
William Scott Goldman
William Scott Goldman answered on Jun 26, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Divorce If I move out, will I get financial help before the divorce (child support/alimony/ssi). Husband pays for things

Husband works 2 full time jobs and a part-time job. I work part-time from home. Aug marks 11 years of marriage. We have 10 yr old with autism. We rent a townhouse and everything is in his name. Should I move out? If I do, can I get financial help before the actual divorce? I just don't have... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 25, 2020

Generally it is best to resolve your marital issues before moving out. The easiest and least expensive way to resolve all your marital issues is to be fair with each other and have your agreements put into a formal written Separation and Property Settlement Agreement. This can be done very... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Adult child dies before parent's will is processed, what happens?

A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.

Angela L. Haas
Angela L. Haas answered on Jun 25, 2020

It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I was prescribed Ativan (Lorazepam) for 3 years. This drug is for short term use. I was found in my home unresponsive.

I ended up in two separate mental health facilities. I was hit in the head by another patient at the second facility. A police report was filed, although I never got the opportunity to speak with the police. My husband had to threaten to contact the news to be able to see me. I want to sue the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 24, 2020

I'm sorry for your ordeal. This is something that a North Carolina attorney could advise best on, but your post remains open for two weeks. A first step here might be to reach out to an attorney to discuss the matter in detail. If they felt you might have a good basis for a case(s), they could... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Wedding was cancelled due to covidWedding venue does not want to refund money from Covid-19 is there anything we can do?
David Allan King
David Allan King answered on Jun 23, 2020

The contract you signed may have a "force majeure" clause that explains what extraordinary circumstances void the contract. If the contract has no such clause, you may still argue:

- Frustration of purpose: when the purpose of the contract (for you) is destroyed by unforeseeable...
Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Can i drop charges i recently filed against someone? who would i need to get in contact with to do so if possible?
David Allan King
David Allan King answered on Jun 23, 2020

"Charges" is a criminal law concept. Only the government can press charges.

If what you mean is that you filed a lawsuit in civil court, you can file a withdrawal.

If you really did mean charges, and you are the alleged victim of the crime, you can contact the prosecutor...
Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I had my lic suspended in 1999 for not paying a ticket how can I no I get them reinstated after 20yrs
Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 23, 2020

You are likely going to have to take care of the ticket in some fashion. Paying it off is usually not a good idea. If you don't know what you are doing, paying the ticket off could suspend you further and / or cause an insurance increase. Your best bet is to hire a traffic attorney in the... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Carolina on
Q: I no longer want to be associated with the house my girlfriend and I are buying. What are my options?

To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 23, 2020

If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I live in vancouver washington my daughter and ex live in nc she is 13 and called me and said she wants to live with mw

What can o do to make that happen

Angela L. Haas
Angela L. Haas answered on Jun 23, 2020

First, I would find out WHY. Unless there is already a court order in WA or your daughter was born in WA, if the child has lived in NC for at least 6 months, NC would be the home state of the child, and you would need to petition the court here to modify the custody arrangement (unless your ex... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I have a 15 year old nephew that doesn't want to live with his mom anymore. What can he do?

His mom keeps telling him all this bad stuff about his dad and calling the cops, making threats and he is tired of it. He is so unhappy when he has to go home, he acts out.

Angela L. Haas
Angela L. Haas answered on Jun 23, 2020

You are caught in a very difficult situation. Based on what you've shared, it doesn't sound like you would have standing to sue for custody, and I'm assuming that his father is not apt to sue for custody. If you think he might, encourage him to at least meet with an attorney, to see... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If i got a ticket for driving with expired tags, can i turn in my tag because of car problems not passing inspection ..

Will they dismiss the charge

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 20, 2020

That is kinda like saying if I kill someone will they dismiss the charges if I throw away the gun. They would likely consider dismissing the charges if you got the car fixed and got the tags and inspection squared away. Maybe even if you got a new car with current tags. However, they are not... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: hello, I have a few questions

I was in a accident and im try to sue for car damage, medical bills and pain and suffering

Rishona Peace
Rishona Peace answered on Jun 20, 2020

We would need more information such as whether the other party has assumed fault, whether any citations were issued and to whom, etc.

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