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North Carolina Child Custody Questions & Answers

1 Answer | Asked in Child Custody and Family Law for North Carolina on

Q: Could I get a family friends almost 16 year old daughter if CPS takes her?

We have a family friend who is in a relationship with someone who does bad drugs she won't leave the cops have been called so many times that CPS is involved. Her daughter calls herself my niece she stays with me for a week or so almost every month or so. CPS told her mom that they was going to... Read more »

Amanda Bowden Houser answered on May 15, 2019

If CPS takes her they may consider you but likely not. It'd likely be better for the mother to consent to you having custody to preemptively side step DSS. If they get involved, there is no telling what will happen - they are the very definition of unpredictable (and that is the nicest thing I... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on

Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... Read more »

Amanda Bowden Houser answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on

Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.

Angela McIlveen answered on Apr 25, 2019

You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.

1 Answer | Asked in Child Custody for North Carolina on

Q: I think my ex is going to file for temporary custody of our child if she does and gets it will I get papers notifying me

We live in Wilkes County NC

Angela McIlveen answered on Apr 25, 2019

Yes, you will receive a copy of the paperwork. If this is a new custody case, then she will file a complaint for custody which may include a motion for temporary custody. The complaint will either be served by the sheriff or by certified mail. You can call the sheriff's department and ask if they... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on

Q: I am going thru custody/ visitation I have no lawyer and have no idea how to file a request for civil action hearing

I need help and can’t afford an attorney

Angela McIlveen answered on Apr 25, 2019

In a child custody case, the plaintiff would file a complaint which would be served on the defendant. The defendant would file an answer to the complaint which would be mailed to the plaintiff.

Depending on where you live, the next step could be to file a motion for temporary custody and...
Read more »

1 Answer | Asked in Child Custody for North Carolina on

Q: If there is no legal order for custody or visitation, can I move with my child to another county within the state?

Angela McIlveen answered on Apr 25, 2019

Yes, you can move to another county in North Carolina. However, your child's other parent may file a custody lawsuit against you. There are many more facts that I would need in order to give you legal advice on whether you should move or not. Please talk to an attorney before you move.

1 Answer | Asked in Child Custody and Family Law for North Carolina on

Q: My child dont want to see godaunt(non_related) and she 6 and we going through custody court what to do?

She trying to take custody but my child dont want to go with her or see her and my child has told me herself.

Angela McIlveen answered on Apr 25, 2019

Provided that you and your child's other parent are not going through a custody case right now then your child's god-aunt would be seeking what is called third-party custody. In order to obtain custody, she will have to show that you and your child's other parent are unfit parents or that you have... Read more »

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Child Support for North Carolina on

Q: Can my ex get our child from another persons house?

I’ve hid our kid from him (I’m trying to sell the idea of him being unstable when he’s actually a good person, and really I’m I’m a bit off in the head for coming up with the idea to pretend that this fake daycare existed and the couple watching her have bought my story. He could have... Read more »

Angela McIlveen answered on Apr 25, 2019

Your ex would be able to pick up his child from another person's home without your consent. Hearing your story I'm afraid that you are setting yourself for a terrible custody case. NC judges are not very sympathetic to a parent who is withholding or hiding a child from another parent. It sounds... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on

Q: Hello, my husband and I have been living separately for 2 years. Do we need a separation agreement or file divorce?

Amanda Bowden Houser answered on Apr 25, 2019

The time for a separation agreement would have been at the beginning of the separation. If you have been separated for two years with no issues it is unlikely you need a separation agreement now unless there is property, assets/debts to be divided and / or child related issues. At this point, if... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on

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

I never filed charges on him prior to his incarceration.

Amanda Bowden Houser answered on Apr 17, 2019

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... Read more »

2 Answers | Asked in Family Law and Child Custody for North Carolina on

Q: What do I do if my ex wife is wanting to move my son out of NC without a custody agreement ?

Me and my ex wife have been civil since things have ended. No custody agreement, no child support, I give her money every week and I get my son every other weekend, she lives 3 hours from me. She told me she was moving but never told me where and tonight I have a screenshot of her telling me... Read more »

Wendy Smith answered on Apr 14, 2019

You need to hire an attorney ASAP to file a custody complaint and prevent the move.

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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on

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.

In the beginning the mother would not take child support from me or go to court bc she thought it would make it easier for me to see him if she did. She also cut all communication off with me up to present day. Im in his life now bc he found me on social media and reached out to me behind her back... Read more »

Amanda Bowden Houser answered on Apr 13, 2019

"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... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on

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

After drafting a separation agreement stating the girls would reside with me, my spouse decided to skirt the law and removed them from the home and has kept them out of contact with me since July 2018. He was able to enter an order that is flawed in several ways in Oct. 2018 and is standing behind... Read more »

Amanda Bowden Houser answered on Apr 9, 2019

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

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

There are many revolving parts of this particular case, including pending custody orders from 2 different counties, a 50-B also attached with a temporary custody order, pending change of venue hearing, as well as multiple jurisdictional issues. I wish to simply sever all ties and be done with the... Read more »

Amanda Bowden Houser answered on Apr 9, 2019

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

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

Amanda Bowden Houser answered on Feb 27, 2019

As asked your question makes no sense. What are you trying to ask?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on

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

divorced from my 2 daughters mother in 2005. Have been paying child support since then for both of my girls (ages 17 & 16). I do not have rights to see them because of an arrest in 2004 and a felony conviction (Alford plea) in 2006 in SC. i am concerned my ex-wife will sue me for assistance with... Read more »

Amanda Bowden Houser answered on Feb 27, 2019

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on

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

The father has never seen him outside of the 2 times we were in court for child support order and his contempt for not paying it as ordered. He has never wanted go be involved in his life even though I made attempts to engage him several times for my childs sake even though he stays in another... Read more »

Amanda Bowden Houser answered on Feb 24, 2019

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... Read more »

1 Answer | Asked in Child Custody for North Carolina on

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

Angela McIlveen answered on Feb 20, 2019

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... Read more »

1 Answer | Asked in Child Custody for North Carolina on

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

His mother in Indiana has custody right now. There was no child custody order in place before September 2017. His mother and I split up December 2015. I wound up moving from Indiana to North Carolina January 1, 2016. That same month his mother started harassing me bc she couldn't deal with him and... Read more »

Angela McIlveen answered on Feb 20, 2019

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.

1 Answer | Asked in Child Custody and Family Law for North Carolina on

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

I have a 50/50 custody order in place in TN. However, the father and i have both lived in NC (within 20 miles of one another) for 2 years now. We agreed on this verbally and didn’t go through the courts. Now he has moved back to TN and wants to pick up where we left off on that order.. how can I... Read more »

Angela McIlveen answered on Feb 20, 2019

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... Read more »

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