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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I’m looking for insight to obtaining custody of my child

My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 31, 2020

You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have an open case against my son's mother in Cleveland County North Carolina she has taken my son and left the County

I am the one who opened the case against her do she have the right to move from one County to another County without letting DSS or myself know in the state of North Carolina

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 28, 2020

Unless ordered by the court to do so a person generally has no obligation to get permission from or tell others that or where are moving. In fact, sometimes the purpose of the move is so that others don't know.

1 Answer | Asked in Contracts and Child Custody for North Carolina on
Q: Is a paper signed an notarized about custody a legal document ? Without going to court

My son's mother is ignoring me about our son an i have a paper signed by her that is notarized saying nither one of us would keep him from each other what can i do?

Angela L. Haas
Angela L. Haas answered on Feb 27, 2020

You'll have to go to court, to either enforce the contract under a breach of contract action, or file for custody in court to get a Custody Order. The other issue is, if only she signed it and you did not, there is no contract unless you can prove that she signed it in exchange for something you... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I want to live with my dad. Can I?

My dad entered my life when I was 13. We currently have been talking without my mothers permission. He is a recovering drug addict and a felon. I dont want to live with my mom anymore. I'm tired of being yelled at and mistreated. Will a judge allow me to live with my dad?

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 22, 2020

Likely not. If you are tired of being yelled at and mistreated. perhaps you should consider changing your behavior that results in you getting yelled at and mistreated instead of entertaining the likely incredibly bad idea of going to live with a recovering drug addict and felon who just entered... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for North Carolina on
Q: I need a good child custody lawyer who is willing to fight using facts against local DSS's deceit and lies...

I live in Wilkes County, North Carolina. The case is also in Wilkes. I will discuss what the case is about in detail upon finding the lawyer I need but it involves a whole lot of hearsay over actual facts. There have been a ridiculous 6 or 7 calls made to DSS, all questionable and none were... Read more »

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

Your big mistake was cooperating with DSS. The time to have hired an attorney was prior to making that very bad decision. However, you still need an attorney and ASAP but you need a local attorney. So your best bet is to shop around locally - most of the attorneys here will not be able to assist... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I can count on1 hand how many times I see my kid and I pay child support. Mother moved her way to alaska.What can I do

She has moved her from north Carolina to Texas and now way to alaska. I miss my kid and hate I only can see her through a phone screen! Please help me out because I do not know what to do.

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 6, 2020

You need to hire a attorney.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the

Time. My step mom is either passed out high or when... Read more »

Adam Bull
Adam Bull answered on Jan 28, 2020

Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:

1) report the activity to your school counselor and resource office.

2) call the Department of...
Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get my child's mother to let me take a DNA

She is now denying me DNA testing because I only want a relationship with my newborn an not her.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 28, 2020

The mother can only do this if you allow it. Simply go hire an attorney and force her to comply with DNA testing. Of course, if the child is yours this will put you on the hook for likely at least 18 years of child support along with the grief and expense of fighting with her over visitation or... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I am currently separated (2 children of the marriage and 1 not of the marriage) since October 2019.

I asked my husband for a separation several times throughout the course of a yr he always told me no, we needed to work on it. He finally told me that he was NOT leaving the house (we rent) that if I wanted out I would have to leave. I couldn't take it anymore, so I finally packed up told our... Read more »

Adam Bull
Adam Bull answered on Jan 25, 2020

So sorry to hear of your situation. You need to file for custody. I would not worry about claims of abandonment as the law recognizes the need to separate.

Consult an experienced family law attorney to review your matter and address your concerns.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.

Adam Bull
Adam Bull answered on Jan 23, 2020

If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.

If she is seeking to terminate his parental rights that's another issue with many factors.

Consult a local experienced family law attorney...
Read more »

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can you keep a child from a parent if they tried to pick them up drunk

I kept her before for thinking he was drunk and was charged with contempt bc I could not prove it. I called police this time and he was arrested for dwi.

Adam Bull
Adam Bull answered on Jan 19, 2020

Yes, you can take appropriate action to protect your child. You should consider filing a motion to modify custody given the current situation.

2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: Soo I’m 18 and my boyfriend is 16 turning 17 and I’m pregnant will we get in trouble? The legal age of consent is 16

Sooo I’m 18 and my boyfriend is turning 17 I’m pregnant.. he lives in North Carolina where the legal age of consent is 16 now I have 3 questions: can we get in trouble?

Can a minor recognize a baby legally?

I live in France and my baby will need a non immigrant visa to see... Read more »

Adam Bull
Adam Bull answered on Jan 16, 2020

Ok, that's a lot. No, there is no criminal exposure, you are correct the age of consent is 16.

Yes a minor can recognize his child legally, however he will need to have a guardian and listen appointed to him.

Yes he can provide a passport.

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child. She... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can I request a work schedule from my ex’s employer if the custody order says “if he is off work”

He often withholds if he is working or not bc he and step mom say it isn’t my business. How can I (primary custody) enforce an order if I am not aware of he is lying. Often the girls are with their step mother and not him. He has every other weekend and Wednesdays if he isn’t working. He often... Read more »

Adam Bull
Adam Bull answered on Jan 14, 2020

Yes

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?

No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... Read more »

Adam Bull
Adam Bull answered on Jan 12, 2020

Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can I get full custody of my unborn child?

I’m currently married. The baby is from another relationship I had. My husband and I don’t want the father involved his a risk no solid income and inconsistent living. And unsafe people around.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 7, 2020

You can't - you'd have to wait until the child is born. At that time you will have full custody and your husband will be presumed to be the father and will be on the birth certificate (if that is what you want - the other option is for the birth certificate to say 'refused' - the actual father can... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I have obtained custody of my nephew 7/2016 from VA and am currently living in NC . I attempted to call court where

Order was first drafted but they stated case is currently closed I would like to give my mom custody of my nephew but I'm unsure on how to do that! Who's should I contact so that i may do the right thing legally

Angela L. Haas
Angela L. Haas answered on Jan 5, 2020

An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that because you were... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: How does someone go about getting custody or visitation for their child that they haven’t seen in 2years?

The mother of the child refuses to let the father see their son because he does not want to be with her. It’s been 2years since he’s seen his son. The mother is married to someone else and does not want the father to know anything about their whereabouts. She told the father in order for him to... Read more »

Melissa Averett
Melissa Averett answered on Dec 27, 2019

He needs to hire an experienced family law attorney in the jurisdiction where the child lives and take mom to court.

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