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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I lived in Philadelphia up until March 2020. my sons father took me to court for custody plenty of times he was denied.

I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 6, 2021

If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you... Read more »

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: My ex is talking of moving away with our daughter. How far away can she move without getting my consent?
Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 2, 2021

Depends. Assuming there are currently no Court Orders or enforceable agreements to the contrary, the ex can pretty much move anywhere in state without your consent but doing so over your express objection would likely make her look bad if you took her to Court over it unless she has a very... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: If my daughter did not respond to a child custody suit in 30 days, is there anything that she can do.

My daughter just went through a divorce in Oct. from a very violent & abusive husband in which her 2 boys live with him. Shortly after the divorce he no longer let her see or talk to the boys & in Dec. she was served with custody papers. She tried to get help from legal aid because she... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 2, 2021

The 30 day window to respond is more relevant in other types of lawsuits. For a custody hearing, the court will still need to have a hearing and hear evidence as to the custodial schedule that is in the children's best interests. From what you've said of your daughter, she will need to... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My ex husband is an E7 in the Army. We currently have joint custody of our 2 sons he has primary as of 2012. How

My youngest is 11. He is having mental health issues and openly says he NEEDS to come home. Their stepmom is treating them badly as well. Dad is refusing. Both sides of the family feel this is best. Should I call his command? Is my son old enough to represent himself?

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 1, 2021

Your son is a child and will have zero say in terms of representing himself - although it is possible a Judge may want to hear from him and may give his preference some very minor consideration. Your ex's command has zero authority in this matter and they likely would not get involved in this... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Hi. When joint legal custody is in place, does giving child’s social media passwords need to be given to other parent?

I have primary physical. But a while back my child’s father said he didn’t have any passwords or anything to daughters social media accounts. At first I was like why would I give him the passwords when we usually use the same ones for my accounts? But now he’s filed a modifying the order in... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 1, 2021

Yes, if he requested them, you likely should have given them to him unless you have some compelling and legitimate reason not to and no your daughter's privacy or the fact that you share the same passwords is not a good reason. Which means you and your daughter should not share the same... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: How can I legally leave the USA with my son if I want to divorce my husband and want to move back to my home country ?

Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... Read more »

David Allan King
David Allan King answered on Jan 21, 2021

In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I'm trying to find pro bono legal support for a friend experiencing an alcoholic/abusive husband. Location: 28117

Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.

David Allan King
David Allan King answered on Jan 21, 2021

I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.

1 Answer | Asked in Child Custody and Health Care Law for North Carolina on
Q: Can I add a 19 year old onto my health insurance at work if I am not a parent, but have full legal custody of her?

She has lived with us since she was 4 months old and we have had custody of her since about 2 years old. We are the only parents that she has really. I am told that in NC she is considered a legal ward and at the age of 18 I can no longer carry her on my insurance. Is this true?

Angela L. Haas
Angela L. Haas answered on Jan 17, 2021

You cannot carry her on your insurance unless she is your legal dependent. If you haven't been claiming her on your taxes as your dependent, I don't believe you can cover her. Check with your insurance agent to be sure.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm recently dealing with dss my son is going to be getting adopted out will I be able to get him back
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 13, 2021

The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can I go back to court to undo a divorce agreement that I had with my ex husband?

My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 4, 2021

It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for North Carolina on
Q: Paternity established in virginia, child lives in maryland, 17, He may not be my biological child. Maryland? or Virgina

My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 27, 2020

The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Is there a way I can get custody without going to court? Since their dad has no involvement in their lives -no support

I live in NC

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 26, 2020

Perhaps, but the father would have to participate in some manner in the process. The following options give you "custody" without actually having to go to court, although some of them involve the filing of a custody action.

1. If you were married to the father and haven't...
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2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What can I do if my childs father refuses to bring me my daughter back to me if neither of us got custody

We dont have no court order in place

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

If things are the way you describe them and he is on the birth certificate, then he has as much right to the child as you do. Unless there is a Court Order or a binding agreement in place to the contrary, he has no legal obligation to return the child. If you want the child back and he is... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 1, 2020

Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can the custodial parent take away visitation if you’re behind on child support?

Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 1, 2020

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

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1 Answer | Asked in Child Custody for North Carolina on
Q: How can I keep my son's mother's boyfriend from keeping my son while she is gone to work? I have joint custody of my son
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 30, 2020

You might not be able to. If there is a custody order which gives the mother certain custodial time, she still has to "live her life" during her custodial time, which would likely include working. The same applies with you - you might have to work or might have some other commitment... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Can I take a custody case back for modifications to the order

My ex husband and I have split custody however he does not obtain his part of the order he does not get them when he is supposed to he is now also incarcerated and is being charged with 6 felony he is a danger to my children. My 5 year old son came home and told me step-by-step about his father... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 29, 2020

Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: I’m 17 years old I live in a group home and I am in DSS coustody can they move me outta state without my consent

Also can they move me when I’m about to be 18 in less than 8 months

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 27, 2020

The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I am 17 yrs old & I want to move out. I live in Thomasville NC. Can I leave without parental permission?

I am 17 and I’m tired of my living situation. I have previous work history and I have experience with paying bills. I pay my phone bill every month and 1/3 of our rent. I have my own car as well. I also buy my own clothes, hygiene needs, and food. Basically what I’m saying is I know how to take... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 25, 2020

Highly unlikely that your aunt would get in trouble if you went to stay with her. What would potentially happen is that law enforcement personal could come to her house and direct you to return to your Mom's residence. As long as you did so, it is hard to imagine any sort of negative... Read more »

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