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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.

Adam Bull
Adam Bull answered on Jan 23, 2020

If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.

If she is seeking to terminate his parental rights that's another issue with many factors.

Consult a local experienced family law...
Read more »

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can you keep a child from a parent if they tried to pick them up drunk

I kept her before for thinking he was drunk and was charged with contempt bc I could not prove it. I called police this time and he was arrested for dwi.

Adam Bull
Adam Bull answered on Jan 19, 2020

Yes, you can take appropriate action to protect your child. You should consider filing a motion to modify custody given the current situation.

2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: Soo I’m 18 and my boyfriend is 16 turning 17 and I’m pregnant will we get in trouble? The legal age of consent is 16

Sooo I’m 18 and my boyfriend is turning 17 I’m pregnant.. he lives in North Carolina where the legal age of consent is 16 now I have 3 questions: can we get in trouble?

Can a minor recognize a baby legally?

I live in France and my baby will need a non immigrant visa to see... Read more »

Adam Bull
Adam Bull answered on Jan 16, 2020

Ok, that's a lot. No, there is no criminal exposure, you are correct the age of consent is 16.

Yes a minor can recognize his child legally, however he will need to have a guardian and listen appointed to him.

Yes he can provide a passport.

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child.... Read more »

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

You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can I request a work schedule from my ex’s employer if the custody order says “if he is off work”

He often withholds if he is working or not bc he and step mom say it isn’t my business. How can I (primary custody) enforce an order if I am not aware of he is lying. Often the girls are with their step mother and not him. He has every other weekend and Wednesdays if he isn’t working. He often... Read more »

Adam Bull
Adam Bull answered on Jan 14, 2020

Yes

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?

No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... Read more »

Adam Bull
Adam Bull answered on Jan 12, 2020

Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can I get full custody of my unborn child?

I’m currently married. The baby is from another relationship I had. My husband and I don’t want the father involved his a risk no solid income and inconsistent living. And unsafe people around.

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

You can't - you'd have to wait until the child is born. At that time you will have full custody and your husband will be presumed to be the father and will be on the birth certificate (if that is what you want - the other option is for the birth certificate to say 'refused' -... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I have obtained custody of my nephew 7/2016 from VA and am currently living in NC . I attempted to call court where

Order was first drafted but they stated case is currently closed I would like to give my mom custody of my nephew but I'm unsure on how to do that! Who's should I contact so that i may do the right thing legally

Angela L. Haas
Angela L. Haas answered on Jan 5, 2020

An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: How does someone go about getting custody or visitation for their child that they haven’t seen in 2years?

The mother of the child refuses to let the father see their son because he does not want to be with her. It’s been 2years since he’s seen his son. The mother is married to someone else and does not want the father to know anything about their whereabouts. She told the father in order for him to... Read more »

Melissa Averett
Melissa Averett answered on Dec 27, 2019

He needs to hire an experienced family law attorney in the jurisdiction where the child lives and take mom to court.

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2 Answers | Asked in Child Custody for North Carolina on
Q: what county are you required to file for custody of a child in nc

Father resident in alamance and child in Ashe but court in orange

Adam Bull
Adam Bull answered on Dec 17, 2019

Venue is proper where either the mother, father, or child reside. If not filed there, then a change of venue can be made as of right.

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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If a father was granted temporary custody can he live the cild in his girlfriends care for while is otr truck driving?

Father was granted custody temporarily his name is the only one on the ex parte motion his girlfriend has no relation to child

Adam Bull
Adam Bull answered on Dec 11, 2019

A parent who has custody is presumed to be making reasonable decisions for the child, which includes care arrangements. It would be your burden to establish that his caretaker is inappropriate or a danger to the child.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I live with my mom because she has full custody and I have a 9 month old son at 17.

I have betrayed their trust before but that's becuase I want to independent and live with my dad like i've wanted since 13, I go to school and have a job, Could go i just to my dads or can my mom force me to go home even if i bring a cop with me

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

No cop who values their job will go with you at 17. Just wait it out until you are 18.

1 Answer | Asked in Child Custody for North Carolina on
Q: im 17 3 months away from 18 and want ti live with my dad because we have a good connection but my mom has custody of me

my dad and i have a good connection and I can't take the stress from my mom and step dad even though they help me a lot, I have wanted to be with my dad even though sometimes it's not the best place at times but thats where i want to be

Adam Bull
Adam Bull answered on Dec 4, 2019

at 17 you have the ability to have input on your custody, however no one can change the Court order but the Court unless the parents agree. Your father can file a motion to modify custody. To prevail he will need to show that there has been a substantial change of circumstances and that changing... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son's father had a temporary custody order that was dismissed November 13th of this year. He want let me get my son.

Family court dismissed the order against me. But my son's father still refuses to let me have my son. My son is being neglected And possibly abused because his father is a alcoholic. How can I get my son back.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 27, 2019

If there is no order currently in place, he has as much right to the child as you do so he can refuse to let you get the child (although that will make him look bad in future court hearings if he does not have proper cause for the refusal). So you need to get a custody order of your own if you... Read more »

2 Answers | Asked in Family Law, Child Custody and Military Law for North Carolina on
Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

Adam Bull
Adam Bull answered on Nov 25, 2019

These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: I have primary custody, ex wants 50/50

He has had 4 different jobs since weve been separated (4 years) and his current job schedule at the railroad has changed 3x the last year. I don't want to split custody until he has a set schedule, is this a reasonable reason to get a lawyer, or is there a big chance I may be wasting my time.

Angela L. Haas
Angela L. Haas answered on Nov 23, 2019

It is possible for him to get 50/50. He would need to notify you of his schedule, as soon as he gets it, and if you were willing to work with him on some flexibility, it could work. There are many factors which would go into deciding whether 50/50 is in your child(ren)'s best interest, other... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: My fiance text message me, I have full custody of two of our daughters. Can I use this text message in a family court.

Got into a argument over responsibility. Then she text message me that I can have the girls.

Adam Bull
Adam Bull answered on Nov 20, 2019

Any communication from an asverse party is admissible as a statement against interest.

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