I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get... Read more »
If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for...Read more »
This isn't really a question. Depending on what county you live in, there may be some "file-it-yourself" paperwork you can get from the courthouse to help you file for custody. Otherwise, you will need to have an attorney assist you. You should at least consult with an attorney,...Read more »
Generally speaking, there is no "quick" way to get visitation, unless the other parent agrees or you resort to other means which may only escalate any disagreements you already have with the other parent. You should really consult with an experienced family law attorney, who can help...Read more »
I have a stable home and everything my child needs with his own room wardrobe toys and all. His father is keeping him from me solely on the grounds that I have a new man in my life. I dont wantto further tramatize my son more by taking off with him suddenly. Id like to go about it the proper way in... Read more »
Custody cases are often complex and a lot of work so you will likely be hard pressed to find an attorney willing to do it pro bono. That said, it never hurts to shop around and ask. If you can not find a pro bono attorney , you may at least be able to find an attorney willing to work with you...Read more »
Dss will not stop coming to my house looking for my little sister. I willing let them in to look the first time after that I would not let them back in. They then took papers out on me for "contribute to del of a minor" what should I do ? No proof of anything just hearsay. Also can they... Read more »
My experience with DSS workers is not good. They often seem to gleefully abuse their power based on the flimsiest of evidence or even just their own bias and prejudice. Typically speaking you should never cooperate with DSS. As to what you should do now, you could likely benefit from a...Read more »
Can I withhold visitation? Where is my son supposed to sleep? My daughter is 13. We know nothing about this man and the worst part is their father hasn’t even divulged that he’s moved in! Where is my 17 year old son supposed to sleep? He has autism and mentally/emotionally he’s not 17. Do... Read more »
More often than not, these types of concerns are more about disapproval of the ex rather than an actual legitimate concern for child safety. However, if you believe you have a legitimate concern, it is likely your best bet is to consult with a local family law attorney ASAP who can objectively...Read more »
Emancipation is more complicated than just signing papers. The following blog has the requirements for emancipation in NC. If you have additional questions, you will need to hire an attorney to assist you. https://averettfamilylaw.com/?s=emancipation
This is not the first time he has violated these, all I have are text messages proving that he is using my son against me because he cant get what he wants, which is me. I have sole custody but what else can I do to get more custody? But not take away his visitation?
If someone subject to a Court Order is violating the Court Order, typically the next step is to file a Show Cause Motion. If the person has no legitimate reason for violating the Court Order, a Judge will typically take some action to correct the violation. This action could take any number of...Read more »
You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support,...Read more »
If there is no court order preventing mom from moving with the child, she can. However, if she does so without getting consent from dad or permission from the court, this could end up hurting her in a custody case.
We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were... Read more »
I am assuming since you are asking the question, you've been told by the children's mother that you have no rights and can therefore not see your children. Unless there is a court orders stating otherwise, the short answer is "Yes. You have rights." The extent of that right is...Read more »
I haven’t lived with my parents in over a year. I am still in contact with my mother, but my family has been abusive my entire life, with my father being arrested for domestic violence, (my mother dropped the charges but we had a restraining order for a few months) and my mother being in a... Read more »
Short answer is: you'll need a court order. If you are almost 18 anyway, I'm not sure why you couldn't just wait until your 18th birthday to be able to make your own legal decisions. Contact an attorney to learn more about your options and the process of emancipation.
My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... Read more »
You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local...Read more »
Unless ordered by the court to do so a person generally has no obligation to get permission from or tell others that or where are moving. In fact, sometimes the purpose of the move is so that others don't know.
You'll have to go to court, to either enforce the contract under a breach of contract action, or file for custody in court to get a Custody Order. The other issue is, if only she signed it and you did not, there is no contract unless you can prove that she signed it in exchange for something...Read more »
My dad entered my life when I was 13. We currently have been talking without my mothers permission. He is a recovering drug addict and a felon. I dont want to live with my mom anymore. I'm tired of being yelled at and mistreated. Will a judge allow me to live with my dad?
Likely not. If you are tired of being yelled at and mistreated. perhaps you should consider changing your behavior that results in you getting yelled at and mistreated instead of entertaining the likely incredibly bad idea of going to live with a recovering drug addict and felon who just entered...Read more »
I live in Wilkes County, North Carolina. The case is also in Wilkes. I will discuss what the case is about in detail upon finding the lawyer I need but it involves a whole lot of hearsay over actual facts. There have been a ridiculous 6 or 7 calls made to DSS, all questionable and none were... Read more »
Your big mistake was cooperating with DSS. The time to have hired an attorney was prior to making that very bad decision. However, you still need an attorney and ASAP but you need a local attorney. So your best bet is to shop around locally - most of the attorneys here will not be able to assist...Read more »
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