North Carolina Child Custody Questions & Answers

Q: Can I get a restraining order on my children's father before he gets released from prison.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on
Answered on Apr 17, 2019
Amanda Bowden Houser's answer
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.

Sadly, you likely can but you...

Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Apr 13, 2019
Amanda Bowden Houser's answer
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...

Q: I am in desperate need of assistance finding help in seeing my three daughters who are being kept out of contact with me

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Answered on Apr 9, 2019
Amanda Bowden Houser's answer
What is 'amiss' is you trying to do your own legal work and you are not an attorney. Would you ever in a million years think to yourself - "know what, I know I'm not a mechanic but I'mma go ahead a rebuild my car's transmission - how hard could it be". Compared to legal work - you'd likely have better luck rebuilding the transmission properly. You need to hire an attorney. Best of luck.

Q: As a father to a minor child can I file for TPR on myself in a pending 50-B action, a custody action initiated by myself

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for North Carolina on
Answered on Apr 9, 2019
Amanda Bowden Houser's answer
Of course you can not terminate your own parental rights because that would mean you could unilaterally terminate your obligation to pay child support. You don't need any sort of court order or court involvement to stay away from the mother and child but unless you are willing to live an indigent lifestyle off the grid or likely have to hop from job to job, you will be paying child support unless mother lets you off the hook and even if she is willing to do that, the state of North Carolina...

Q: I was never in custody of my children, because I was under age. They have been paying for years now. Is this right.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Feb 27, 2019
Amanda Bowden Houser's answer
As asked your question makes no sense. What are you trying to ask?

Q: Should I be prepared to pay college tuition if I have no rights to see either of my children?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Feb 27, 2019
Amanda Bowden Houser's answer
Unless you stupidly agreed to pay for college in some binding agreement, your obligation to pay child support beyond the age of 18 is limited to a circumstance where the child is 18 but has not yet graduated from high school - in which case your obligation typically continues until the child graduates high school. You are of course free to contribute financially after the age of 18 if you want to but you are not under any legal obligation to do so nor can the mother legally force you to pay...

Q: My child's father reports to federal prison at the end of this month to begin a 7 year prison sentence. My child is 4

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Feb 24, 2019
Amanda Bowden Houser's answer
If he is smart he will structure any income he receives while in jail in such a way that you likely won't see a dime in child support. Since he will already be in jail, there likely won't be diddly squat you or the Court can do except let arrears accrue. So you have two choices: 1) getting sole custody and keeping him potentially on the hook for child support is a cake walk and a no brainer - you'd have to be a scratchy crack addict to lose that case. 2) petition the court to terminate his...

Q: If my son has lived with me and not my ex . can my ex get physical custody when I'm the primary caregiver

1 Answer | Asked in Child Custody for North Carolina on
Answered on Feb 20, 2019
Angela McIlveen's answer
NC courts use the best interest of the child standard. The court will determine both physical custody and legal custody. The court looks at a number of factors using the best interest standard to determine who will have physical custody of your child. You should talk to an experienced attorney who can give you advice once they know more about your case.

Q: I had questions about my child custody case that CPS was involved with in September 2017

1 Answer | Asked in Child Custody for North Carolina on
Answered on Feb 20, 2019
Angela McIlveen's answer
This is an unfortunate situation. With CPS involved you need to talk with an attorney to determine what can be done now. It sounds like there are a lot of documents to be reviewed before someone could give you good advice. Time is of the essence as there is likely a plan involved.

Q: I need some advice on transferring custody - complex situation.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Answered on Feb 20, 2019
Angela McIlveen's answer
This is a complex case and you need to talk to a family law attorney with UCCJEA experience. Given that there is an order in TN and your child's father resides there, TN would likely maintain jurisdiction over the case. You would not be able to transfer jurisdiction to NC. If you want to modify the custody order you need to file to modify in TN. As part of the process, you could also file a lawsuit in NC and attempt to get TN to transfer jurisdiction but given that your child's father is in TN,...

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...

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