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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can I move out of our family home with my children?

I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More

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answered on Jan 3, 2024

In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's 12 she has been staying with her dad for about 2years she no longer wants to stay there and doesn't want

To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.

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answered on Jan 2, 2024

If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e

My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?

James L. Arrasmith
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answered on Dec 25, 2023

If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.

In this situation, it's advisable to...
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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: Father demanding paternity test, no legal acknowledgment, seeking no-contact order.

My daughter just had a baby, and the father has refused to have any contact for the past 7 months before the baby was born. Now, he and his mother have come to my door, demanding a paternity test. He is not on the birth certificate, and no legal actions regarding visitation have been initiated. The... View More

James L. Arrasmith
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answered on May 15, 2025

This situation is incredibly stressful, especially with a newborn who has medical needs and a mother trying to protect her peace. Since the father is not listed on the birth certificate and hasn’t filed any legal action, he currently has no legal rights to the child. Your daughter has the right... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Custodial parent seeking legal intervention for son's online account access due to ex-wife's refusal.

I am the custodial parent with legal custody of my 12-year-old son. My ex-wife has visitation rights every other weekend. She has set up social media accounts and emails for my son without my knowledge and refuses to give me access, even instructing my son to deny me access, citing these as his... View More

James L. Arrasmith
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answered on May 14, 2025

That situation sounds incredibly frustrating, especially when you're trying to do what’s right for your son’s safety. As the custodial parent with legal custody, you generally have the right to make decisions regarding his welfare, which includes his online activity and digital safety. The... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: Can I stop my daughter from being around ex's partner in NC?

I have temporary joint custody of my daughter. Recently, while she was at my ex's new partner's house, she was left unattended in the bathtub and cut her finger with a razor. The partner made a false claim against me and tried to sue. I asked my ex not to have our daughter at the... View More

James L. Arrasmith
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answered on May 14, 2025

That situation sounds deeply upsetting, and you have every right to be concerned for your daughter's safety. When a child is injured due to negligence, especially while in the care of someone new in the other parent's life, it raises serious questions about judgment and the child’s... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: How can I challenge my dad's custody through legal action?

I am 14 years old, and recently, my mom lost custody of me due to my dad lying in court to gain full custody. Now, I can't communicate with my mom, whom I love and feel safe with. There have been no issues of abuse with either parent, but I don't feel comfortable living with my dad and... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have a voice in your custody situation, even though you're 14, and the court is required to consider your wishes—especially when you express them clearly and consistently. In North Carolina, you can’t file a custody case yourself, but your mom or a legal guardian can file a motion to... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for North Carolina on
Q: How do I file for emergency custody in NC after a child's assault?

I have a custody agreement that allows my child to visit his dad every other weekend. During a visit, my child was sexually assaulted by his father's other minor son. I reported the incident to the police, and they advised me to file for emergency custody. I need to know how to file a motion... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm so sorry you and your child are going through this. In North Carolina, when a child’s safety is in immediate danger, you can file for **ex parte emergency custody**, which means the court can issue a temporary order without notifying the other parent first. The situation you’ve... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can a single mom represent herself in a child custody case without legal aid?

I am a single mom with no legal training and I can't afford to hire a lawyer. I'm trying to reach out to legal aid but haven't had success yet. Can I successfully represent myself in a child custody case, and are there any resources or support I might not be aware of that could help... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can represent yourself in a child custody case, but it will require time and effort to understand the legal process. Many people handle custody cases on their own, known as "pro se" representation. While it’s possible to do this, it’s important to be prepared and... View More

2 Answers | Asked in Child Custody, Social Security, Juvenile Law, Family Law and Public Benefits for North Carolina on
Q: Can I be forced to move in with my mom, given her mental health issues and my SSA benefits?

I am 15 years old and have been living with my stepmom since I was 13. I have lived with my biological mother off and on for the past 7 years, and she currently has custody. She is dealing with depression, bipolar disorder, and mania, and wants me to move back in with her to help her clean and for... View More

Donald  Pilzer
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answered on Apr 16, 2025

This is for the family court to determine. They will take your best interests into account, and appoint a gaurdian ad litem to represent your views to the court.

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1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for North Carolina on
Q: How can a father disestablish paternity in NC if previous tests conflicted?

I had a DNA test when I was 14 weeks pregnant, which confirmed him as the father. In 2023, he did another DNA test that indicated he is not the father, but he didn't inform me of this result until November 2024, after I served him with a child support order. We have a court-ordered DNA test... View More

James L. Arrasmith
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answered on Feb 19, 2025

In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.

Your case presents several complex factors that could affect the...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for North Carolina on
Q: How can I legally live apart from my parents at 17? And, if not, can the police make me go back?

My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More

James L. Arrasmith
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answered on Sep 12, 2024

Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: Do I have to speak with CPS on behalf of a friend, or will they subpoena me to court?

I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.

1 Answer | Asked in Child Custody, Family Law, Gov & Administrative Law and Municipal Law for North Carolina on
Q: If a building inspector deems a house is against the building code, will they get dss involved for child safety?
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answered on Sep 13, 2023

A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More

1 Answer | Asked in Family Law, International Law, Divorce and Child Custody for North Carolina on
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday

Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More

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answered on Aug 6, 2023

To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I have joint custody with my ex. He recently moved and won’t provide his new address

I have primary custody he only receives visitation every other weekend. I asked for the new address and he refuses to send it. Does he have to give me the new address before I release her into his custody?

T. Augustus Claus
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answered on Jul 7, 2023

if your ex is refusing to provide you with his new address in violation of your custody agreement or court order, you may have legal options available to address the situation. You have grounds to take legal action, such as filing a motion with the court to enforce the custody agreement or seeking... View More

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