North Carolina Child Custody Questions & Answers

Q: Is it appropriate to file 12B6 in a divorce from bread and board? Filed for PSCS but still living in the home w/chldrn

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Jan 28, 2019
Amanda Bowden Houser's answer
You need an attorney, as how you are describing things makes no sense. If your are living together and she has filed a divorce from bed and board - she is essentially asking the court to kick you out. And if you don't hire an attorney ASAP she may very well prevail.

Q: Hi I wanna check my wife is on H4 i need to cancel

1 Answer | Asked in Immigration Law and Child Custody for North Carolina on
Answered on Jan 24, 2019
Kelli Y Allen's answer
I'm not sure what your exact question is. I recommend contacting a family law attorney to deal with the custody issue first. If you decide to divorce, that will resolve the H-4 issue as she would not longer be an eligible derivative.

Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?

2 Answers | Asked in Arbitration / Mediation Law and Child Custody for North Carolina on
Answered on Jan 22, 2019
Kelli Y Allen's answer
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.

Q: I'm on child support an I haven't seen my boy in years..I beg an beg no answer ..I pay my support

2 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Jan 6, 2019
Melissa Averett's answer
You didn't actually ask a question, but I'm going to assume that you're asking how to get visitation with your son. You need to hire an experienced family law attorney, probably in the county and state where your son lives, and sue for custody and visitation.

Q: My son took custody papers out for his son. So how can his girlfriend go behind him & do the same thing?

1 Answer | Asked in Child Custody for North Carolina on
Answered on Dec 26, 2018
Melissa Averett's answer
Jurisdiction for custody case it's not based on where the child was born. And it's not based on who filed first. The Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted in every state with a few variations from state to state, determines which state has jurisdiction. If the child has lived in Michigan for the last six months, and is living there now, then Michigan is the home state. And that makes Michigan the proper state to determine custody. If the child has not...

Q: How to get custody over a friends child?

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Answered on Dec 26, 2018
Sara W. Harrington's answer
Because she is already involved in the Social Services system, you can contact Social Services and express an interest in the child being placed with you. You will have a better chance of the child being placed if you agree to take a foster parenting class (called Model Approach to Partnerships in Parenting or MAPP classes) through Social Services. You and all the people living in your household will also be required to have a criminal background check and a home inspection.

Q: What are my chances of getting a fair price for child support if I take my Daughters mom to court?

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Answered on Dec 24, 2018
Melissa Averett's answer
North Carolina uses child support Guidelines to determine the right amount. The Guideline formula uses each parent’s income, the custody schedule based on the number of overnights, and certain child-related costs. Life style is irrelevant.

You can argue that the expenses that you are already paying are child support. You cannot control how the other parent spends the money. If the other parent spends money on food, a car, any living expenses used by the child, then the child support...

Q: Man signs birth certificate,dies,but child not his(DNA test). Can DNA related children keep him from estate inheritance

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Dec 7, 2018
Sara W. Harrington's answer
When the deceased person signed the birth certificate, he acknowledged that he was the legal, biological father. By signing that and acknowledging his role as father (whether this was under a wrong belief or not) he took legal responsibility for the child.

Once someone has acknowledged parenthood, they cannot disclaim it.

Q: My 16 year old niece wants to live with me.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Nov 28, 2018
Amanda Bowden Houser's answer
Children by definition are not capable of deciding whats best for them so you first need some sort of legitimate reason - you don't get to just step in and 'provide a more positive atmosphere'. So unless there is abuse or neglect, I advise you not to attempt to take a child away from their parent. In the event of actual abuse or neglect (not getting enough love and attention will likely not qualify) the cheapest method would be to involve DSS and offer to take the child if your allegations...

Q: My sons father made me sign papers his lawyer drew up stating I can’t leave the state with my son. Can I fix that?

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Nov 24, 2018
Amanda Bowden Houser's answer
Consult with a local family law attorney to get your options - this is likely an easy fix. You should consider, just presenting your case as someone who wants to move. There's no need to say things like 'he made you sign papers' - most attorneys will think you are lying at worst or mistaken at best - neither is good for your case and even if it were true (and hopefully it is not) it is likely irrelevant. Also as is characterizing him solely as an abusive, bad mouthing drunk. It not really...

Q: Which state to file for divorce, we are working abroad in Europe on non immigrate visas but was married in NC?

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Answered on Oct 30, 2018
Amanda Bowden Houser's answer
Jurisdiction to file for divorce is based on residency and if you are both in Europe that is your current residency which likely makes you ineligible to file here in NC. You will need to file somewhere where you meet the eligibility requirements.

Q: Ex and I have court order for 50/50 but he's not getting him or keeping him on his days. What can I do?

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Oct 24, 2018
Amanda Bowden Houser's answer
Not only do you not get to unilaterally 'take away his rights' but you can't force him to take the on his days child either. Further, you unless you court order specifically states it (which it likely does not) you don't get to dictate what the father does with the child (assuming what he does in't illegal or harmful). If you don't like how things are going and you can't or won't work directly with the father to see if things can be voluntarily corrected to more to your liking then likely...

Q: I have sole legal & physical custody of my daughter (court order). Do I need my ex permission to move out of state?

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Oct 23, 2018
Melissa Averett's answer
It depends on the exact language of the court order. All of the court order. He can't have you arrested for kidnapping, but depending on what the order says, you might be in contempt of court or he might have grounds for emergency custody if you leave the state with the child. You need to review the order with a family law attorney.

Q: The child is mine. The mother is separated but still married to another man. My child has his last name. Recommendation?

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Answered on Oct 18, 2018
Amanda Bowden Houser's answer
If the child was born in North Carolina that's mother's fault - she has complete control over what the child's last name is listed as. There is no requirement that she give the child any specific last name and can give the child any last name she wants - even one that she has no connection to whatsoever.

Q: My wife want to divorce and take kids to mexico

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Oct 12, 2018
Amanda Bowden Houser's answer
If the children have resided in North Carolina for at least the last 6 months then you should consult with a local family law attorney regarding an injunction to prevent her from doing that. Best of luck.

Q: My ex wife took my kids 10 years ago and has kept them from me and my family ever since. What can I do?

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Answered on Oct 11, 2018
Amanda Bowden Houser's answer
I am really hoping that the real reason it appears you have done virtually nothing to see your children in ten years is that you simply did not have the financial resources to do so. If that is the case, there is certainly no shame in that (assuming you have also done whatever else you can to say in contact with them). However, if you did have the financial ability to fight for them and it seems you did since you say you filed for custody, then you wanting to lay the blame for this situation...

Q: I pay child support for my 3 kids, I have been awarded guardinship of a foster child, will they take said child into

1 Answer | Asked in Child Custody for North Carolina on
Answered on Sep 23, 2018
Melissa Averett's answer
Yes, but they will also take into account any benefits from the state for the support of that foster child.

Q: My friend left me with her baby. Now she has dss involved they want to take away the baby from me. Do I have rights?

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Answered on Sep 22, 2018
Melissa Averett's answer
If CPS has filed for and been granted guardianship, then they have the almost exclusive power to place the child. The only thing you can do to fight it is hire a lawyer and appeal to the judge.

Q: My ex and I have been divorced for 6 years apart for 8. our custody papers state that we have 50/50 custody of all 3

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Sep 21, 2018
Melissa Averett's answer
You need to hire a lawyer in North Carolina, preferably in the county where the current custody order is located, and file a motion to modify custody.

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