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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: What are the Fathers visitation and custody rights to a child born out a wedlock with him being on the birth certificate

I am a teenage mother my child was born out of wedlock me the mother and the father are on the child’s birth certificate.

Me and the father are no longer in a relationship. I want to know what rights does the father have as far as visitation and custody to my newborn? With me being the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 20, 2020

Absent a court order that prohibits who can be around the child, or where the father can go with the child, you don't really have any say in what the father does with the child. And without a court order, either parent can deny access/visitation to the child.

The best practice of a...
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2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... Read more »

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

Of course it is legal - you don't get to dictate to or force someone to move just because you got a job out of state or are married and have a child together. If you can't come to a fair agreement together essentially you will have to decide to stay or go and involve the court to decide... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can I get a case back to court about placement for a 17 year old who wants to live in my home?

She is a runaway, and she is 17 years old. We passed the home check, and the social worker approved her staying here but the judge did not.

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 12, 2020

You have not provided enough detail to answer your question to any meaningful degree. You need to consult with a local family law attorney who can review the situation in detail and lay out your options for you. However, as a general rule, if one Judge already said no, your odds of getting that... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Can my mom do this?...

I am 16 and have an almost 1 year old child. I have a restraining order against the father and isn’t allowed to see me or my son. My mom doesnt like my current boyfriend (not my child’s father) and kicked me out and refuses to let me see my son and has been letting the dad see him even though... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 9, 2020

Your mother's actions may not be entirely legal per se but this is good 'ol boy North Carolina and I highly doubt any court or Judge would give her any 'legal punishments' as you put it based on what you have described. The bottom line is you are a child and if you won't... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: can the custodial parent move her and our daughter across country without my consent?

the mother has sole physical custody (I was inthe military, and live 500 miles away), but we have joint legal custody and I have visitation rights. she informed me today that her and our daughter are moving 1003 miles across the country with the mother's boyfriend. the mother is pregnant by... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 2, 2020

Typically it would be improper (and may even be a crime) to move out of state with the child without consent. If you have had either court orders and/or formal agreements put in place and if they were done properly, they should have addressed this issue and what terms either of you could move out... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son lost custody to DSS about 1 1/2 years ago and now they're trying to force him to sign his rights away.What now

They're in foster care and they want to adopt them

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2020

DSS likely can't force him. Typically, for his parental rights to be terminated, he is entitled to a hearing and a Judge will decide. Of course, if he hasn't done anything to get the children back in the last year and a half, his odds of being successful are likely not good. He needs... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Can a wife (who is a paralegal) take the kids if she catches her husband emotionally cheating? She thinks because she is

A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 25, 2020

Most people who think of themselves as 'paralegals are really nothing more than administrative assistants at best and secretaries / receptionists at worst. However, bonafied paralegal or not, she likely does have some upper hand due to her potential connections but it is highly unlikely... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can I get my daughter back from her guardian without paying lawyers fees and going to court?

My daughter Trinity, who is 7 years old now has been living with her aunt since she was 2 almost 3 years old. DSS came and got her and sent her to a temporary home until Trinity’s dads sister decided she was willing to go for guardianship in hopes we would get our lives together. Pretty much her... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2020

No, you can not do this over the phone like ordering a pizza. You need an attorney for the same reason you need a mechanic when your car breaks down - because you have no idea how to do it yourself. Another consideration is, if you can not afford an attorney, how are you financially stable and... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my sons father be held in contempt of court?

My court order states that I can have twice weekly Facetime visitations from June to November. However, I haven't had a second Facetime visitation for one week every month during the week that I visit my son in North Carolina. So, I have missed one Facetime visitation in June, July and August.... Read more »

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

Possibly. It depends on whose fault it is that you missed the scheduled visitation and if it is the father's fault, whether or not he has good cause for the failure to comply. Essentially, the only way for you to find out is for you to file a Motion to Show Cause. Best of luck.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: I am the mom. How can I transition from supervised visitation to sole custody of my son? His father is a domestic abuse?

I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »

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

Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2020

Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Which court has jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2020

Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: hi i have a daughter with my boyfriend we are not married but his name is on the birth certificate who has custody
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 10, 2020

If he is on the birth certificate - you both have equal rights to the child unless you have agreed otherwise in a valid enforceable agreement or a court order says otherwise.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.

A judge isn't going to care about...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: Can I use someone else's warrants for arrest as evidence?

My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 8, 2020

Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a...
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2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: If there was no will, and no legal guardian after parents death will custody of the children go to the executor ?

-dad adopted child

-child has no legal mother

-dad dies with no will

- daughter becomes executor

- other family member petitions the court to become guardian

Who legally becomes guardian of a minor child and their assets?

Angela L. Haas
Angela L. Haas answered on Sep 3, 2020

Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: I pay child support through dss but would like to have my child living with me. She is 14 and has been with me since Feb

Her father and i have never had any kind of custody order drawn up. What steps do I need to take?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 13, 2020

The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter is 17 and wants to go live with her stepmother instead of either of us her parents, what are our rights?

Both of us are fit parents, father in the military and I am remarried and work a good job. Her father and stepmother are divorcing after having lived in Germany since she was 8yrs old. They returned recently and her father dropped her off with me in NC and headed off to his next duty station in... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

As a parent, what makes your child 'happy' should be irrelevant to you or at least be a very secondary concern to what is best for her. At 17 she is a child and children by definition are not competent to determine what is best for them - that is your job. So determine what is best for... Read more »

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