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North Carolina Child Custody Questions & Answers

1 Answer | Asked in Child Custody for North Carolina on

Q: How do I obtain temporary custody of out of state child in NC?

My grand child is in NC with her father. Her mother lives in Missouri. The father was granted temporary custody due to the mother not being served in Missouri to appear in court in NC until the day of court. (which made appearance impossible). We have been traveling from Missouri to NC for the... Read more »

Angela L. Haas answered on Sep 5, 2019

Short answer is "yes". With that said, there are a lot of variables, depending on the following: Why does the mother live in Missouri and the father lives in North Carolina? How long has each lived in his/her respective state? How old is the child? What does the child want? Is the child in school?... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on

Q: Mother has been TPR (terminated parental rights) and took kids from a home knowing she has no rights? dad full custody

Father has sole full legal custody and the bio mom's rights have been terminated. she went in the middle of the night and got the children 14 and 13 at the time of crime and took them through 5 county lines and refuses to return children. what is the crime here? and how does father prosecute?

Angela L. Haas answered on Aug 28, 2019

That would be kidnapping. The father should contact law enforcement.

1 Answer | Asked in Small Claims, Family Law, Child Custody and Child Support for North Carolina on

Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!

He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.

He petitioned the court for change... Read more »

Amanda Bowden Houser answered on Aug 27, 2019

You have the wrong idea about how things work.

"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.

Can the funds be placed into an escrow account pending custody to change order...
Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on

Q: Farther has primary custody. He has not fixed minor child’s teeth in six months. What can I file to get him in trouble?

Father has primary custody. I only see minor child every other weekend. She has four cavities. I told him to get them fixed. He tells me he will but never does it. I can’t take her to dentist and do not have the policy number. He denies me the information. The temporary parental order doesn’t... Read more »

Krispen Culbertson answered on Aug 27, 2019

The custody agreement or order (if there is one) will provide the remedy. If the father is obligated under the consent or custody order -- or under a custody agreement -- to provide orthodontics services, your lawyer can make a motion to show cause for contempt to ask a judge to force him to do... Read more »

1 Answer | Asked in Child Custody, Family Law and Child Support for North Carolina on

Q: What needs to be done to get custody and what is the cost?

My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.

Angela L. Haas answered on Aug 1, 2019

She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency, if the... Read more »

1 Answer | Asked in Child Custody for North Carolina on

Q: I have a DVPO for one year against my husband and we just started mediation can he legally come take my kids from me

The kids name are not in the paper

Angela L. Haas answered on Jul 24, 2019

If Custody is not covered in the DVPO, then legally he is entitled to see the children, but he cannot come and take them from you if they are in your physical custody

1 Answer | Asked in Child Custody and Child Support for North Carolina on

Q: I dont get to see my 8 year old or communicate at all. Wife of 1 year and 4 children I am soul provider for in my home

What can I do about not seeing or communicating with my 8 year old. And I pay 380.00 month just for him. I do not make a lot of money and I can barely take care of myself, my wife and our 4 children in the home.

Angela L. Haas answered on Jul 23, 2019

In order to secure your rights to visit with your son, you'll need to file a Complaint for Custody/Visitation, and get the court to enter an order with specific days/times when you can have custody of or visit with your 8-year old. You are not legally obligated to support your wife's children, if... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on

Q: My niece wants to stay with us; her mom agrees, but we need something signed by a judge. What paperwork is this?

She needs to enroll in school, and they wont take her unless it's signed by a judge. She's a single mom, and my family doesn't have a lot of money for a huge court payment for something that should be simple. I love my niece, so I want to know if we have options

Angela L. Haas answered on Jul 23, 2019

You'll need to have a court order giving you legal and physical custody of the child. The child's father will need to also consent. First, you need to file a Complaint for Third Party Custody, and then you can submit the Consent Order to the judge to enter with the court. There are other minor... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on

Q: The father has primary custody. I’m having a surgery and can’t take my daughter for my time. Can I be held in contempt

The father has primary custody of minor child. In the Temporary Parental Order, during the summers, we have alternating custody on a two week schedule. I am having a huge surgery where bones are being taken out and bedridden for a month. I told the father a month in advanced. I have text messages... Read more »

Angela L. Haas answered on Jul 13, 2019

No. The courts will not make someone exercise their time. The court will only enforce one's right to exercise his/her time with the child if they want to. Have your surgery, heal, and then resume your time with your child. Perhaps he may be willing to let you have 2 of his weeks in the future to... Read more »

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1 Answer | Asked in Child Custody and Child Support for North Carolina on

Q: Does it matter that custodial parent doesn't work or financialy support kids at all

So my son technically pays the bills Cause he gets disability but doesn't require 24hr care kids get food stamps she doesn't financially support kids at all does it matter

Angela L. Haas answered on Jul 11, 2019

You should be paying something with a portion of your disability income. If she is intentionally not working, in order to avoid her child support obligation, then "yes" it matters.

2 Answers | Asked in Family Law and Child Custody for North Carolina on

Q: My brother in law is have an situation with his child mother. He wants to get custody of her. What should he do?

The mother contact the family in October tell us that she need the child to come here because they we're homeless. Now she is wanting to move back to Washington to live couch to couch again. We want to make sure we stay in contact with her because this is not the first time the mother has been... Read more »

Amanda Bowden Houser answered on Jul 8, 2019

You need to consult with a local family law attorney regarding establishing custody.

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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

Q: my boyfriend has had full custody of his daughter for 3 years but still owes back child support can it be cancelled?

Angela L. Haas answered on Jul 1, 2019

He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).

1 Answer | Asked in Family Law and Child Custody for North Carolina on

Q: Can I leave my 16-year-old son home alone for several nights with food, phone and people checking in on him?

Angela L. Haas answered on Jul 1, 2019

You can, but if there if there is someone he can stay with, that might be a better idea. It also depends on his maturity level, and how and how often someone would be checking in, how far away you are going, and whether he knows what to do in an emergency. If he has another parent or someone close... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on

Q: My boyfriends ex wife will not allow their children to have any contact with him verbally or physically. Is this legal?

My boyfriend and his ex-wife are separated,but are not divorced as of yet. Hey do you have a mediation appointment set for the first week of August. There is no court order or motion for anything in regards to custody, child support, or alimony. But what we have looked up, he still has equal... Read more »

Amanda Bowden Houser answered on Jun 30, 2019

It is legal if she has good cause. However, likely she does not have good cause and is just using the children as a way to be vindictive. If she does not have good cause, doing what you describe her to have done will make her look bad in court and may also be a crime. Your boyfriend, needs to... Read more »

1 Answer | Asked in Child Custody for North Carolina on

Q: I have had my cousins son since April 13th in NC, she lives in MD. Which state do I need to file legal guardianship?

The child is 2 years old. His mother and father let him stay with me bc if their living situation and both being on drugs. Do I need to go to MD and file with the courts or can I do that in NC?

Angela L. Haas answered on Jun 27, 2019

You can file in MD now, or wait until October 14th and file in NC. If NC, you would be filing for Custody (not guardianship). The parents can sign a Consent Order for Custody, which will give you what you need to take care of the child, and if their situation changes, they can file to have custody... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on

Q: Ex wife and I got divorced while she was pregnant and didn’t report it on the divorce papers. Do I have rights?

Amanda Bowden Houser answered on Jun 26, 2019

If the child was not yet born, you are not supposed to 'report' it on the divorce paperwork. As to rights, if you are the father - you have rights. You may have to assert your rights but you do have them.

1 Answer | Asked in Child Custody for North Carolina on

Q: I was talking with a coworker of mine who is going through a similar situation as me with putting my son’s father

on child support. She said that he can go to court to get joint custody. I don’t understand. How he could think to do that when he’s not even around our son, he’s with me all the time. I asked my mother about this and she said that he could. My question is even with child support going... Read more »

Angela L. Haas answered on Jun 26, 2019

Yes. He can file for custody. Joint custody is not something you can "opt out" of having to do, if the court orders it. He can ask for joint custody at any time, even if he is not asking for it now.

1 Answer | Asked in Child Custody and Child Support for North Carolina on

Q: If court order says that the father has temp. custody. And the child is living in grandparents home can I get her back?

Angela L. Haas answered on Jun 26, 2019

Are you the father, mother, grandparent, etc.? Is CPS involved and if so, did they have the child placed at the grandparents' home?

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on

Q: I think my husband is trying to get me for abandonment and child custody. What should I do?

Husband is in family home after work with children until I come home after work and a beer at my apartment. He made it impossible for me to stay there. I got apartment to get away from him yelling at me and all the arguing. I always sleep at home with my husband and children. My husband is starting... Read more »

Angela L. Haas answered on Jun 25, 2019

It is fine that you got an apartment; however, it sounds like you need to file for custody as soon as possible. There are other things you can do to protect yourself and the evidence which you will need for your case. Consult a separate attorney about how best to go about this, if your current... Read more »

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1 Answer | Asked in Child Custody, Juvenile Law and Sexual Harassment for North Carolina on

Q: Can my son mother be held responsible for her 14yr niece getting pregnant by a 21yr living under the same roof?

So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up having to... Read more »

Angela L. Haas answered on Jun 24, 2019

She could if she knew it was happening, and she let is happen in her home. Additionally, her children could be removed from her care.

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