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North Carolina Child Custody Questions & Answers

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.

1 Answer | Asked in Child Custody for North Carolina on

Q: I was divorced in Florida in 2010, i had my daughter for 5 years, alone, until 2015.

In 2015 florida courts granted custody to my ex wife who had hardly had any part in her life until then. (I believe due to gross misrepresentation, since my attorney was fired afterwards and i was not charged what i owed.) Now my daughter is 11 and still living with her mother, in onslow county.... Read more »

Angela L. Haas answered on Jun 19, 2019

If you are going to register the Order now, it would need to be in NC (Onslow County). Once registered, you should file a Motion to Modify Custody. While you are at it, you may want to include a Motion to Modify Child Support in the same filing. Consult with an attorney about more of the specifics... Read more »

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

Q: If someone that is not a relative does an emergency hearing child custody case against parent get there child back?

Had a case and my daughter was pose to be with her father but ended up with a friend he worked with cause he got locked up. Now the individual did an emergency hearing and I don't have my child but I'm trying to figure out how to get full custody

Amanda Bowden Houser answered on Jun 17, 2019

You need to consult with a family law attorney in the area where the hearing was held.

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

Q: I am married disabled women with 2 children that was abandoned by my husband , is spousal support available for me?

We moved here in N.C on 5/2018 from Md. and my husband sent us ahead to a rental property that he was supposed to accompany us when he found employment but instead ask for an divorce again after reconciliation when he had abandoned us before in Md.

Angela L. Haas answered on Jun 6, 2019

You should be entitled to spousal support, if he has any disposable income after meeting his reasonable monthly expenses, and you have not committed adultery. The sooner you file an action for Post-separation support and alimony, the better.

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

Q: Im 17 years old will be 18 in december and my dad has custody of me, Can i run away?

My father is abusive towards me and i want to live with my mother i have reported this to DSS multiple times and wont take it to 215 or do anything about it. the law is "it is not illegal for a 17 year old to run away without parental permission. Since it isnt against the law there is no... Read more »

Angela L. Haas answered on Jun 5, 2019

You can leave and go to your mother's. However, the police may suggest that you return, and will certainly encourage your mother to encourage you to do the same (since he has custody); however, they can't make you. Your mother could file a Motion to Modify Custody, and at least get it filed with... Read more »

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

Q: Could I get a family friends almost 16 year old daughter if CPS takes her?

We have a family friend who is in a relationship with someone who does bad drugs she won't leave the cops have been called so many times that CPS is involved. Her daughter calls herself my niece she stays with me for a week or so almost every month or so. CPS told her mom that they was going to... Read more »

Amanda Bowden Houser answered on May 15, 2019

If CPS takes her they may consider you but likely not. It'd likely be better for the mother to consent to you having custody to preemptively side step DSS. If they get involved, there is no telling what will happen - they are the very definition of unpredictable (and that is the nicest thing I... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on

Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... Read more »

Amanda Bowden Houser answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... Read more »

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

Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.

Angela McIlveen answered on Apr 25, 2019

You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.

1 Answer | Asked in Child Custody for North Carolina on

Q: I think my ex is going to file for temporary custody of our child if she does and gets it will I get papers notifying me

We live in Wilkes County NC

Angela McIlveen answered on Apr 25, 2019

Yes, you will receive a copy of the paperwork. If this is a new custody case, then she will file a complaint for custody which may include a motion for temporary custody. The complaint will either be served by the sheriff or by certified mail. You can call the sheriff's department and ask if they... Read more »

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