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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Child Custody for North Carolina on
Q: where do i find the form that i need to fill out for change of venue for a closed custody case?

there is a closed custody case in onslow county and i would like to move it to duplin county before reopening the case

Melissa Averett
Melissa Averett answered on Nov 8, 2019

There are no forms for that. But you may be able to find an attorney to draft it for you, and tell you how to file it with the court, serve it on the other party, schedule the hearing, and then conduct the hearing yourself. Or just hire an attorney to handle it for you.

2 Answers | Asked in Child Custody for North Carolina on
Q: i’m 17 i’ll be 18 in february. can i move out w/out parents permission && without emancipation?
Melissa Averett
Melissa Averett answered on Nov 8, 2019

Yes, in February. You're not 18 years old and legally an adult until you're 18 years old.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can the mother filed for full custody even though they have a shared custody agreed verbally w/the father?

They sit and talk 2 days before she filed for custody it was clearly discuss and agreed to retained the schedule of the child with his father and will talked more about them moving some other time because she still need to attend a family gathering. But she blind sided the father and filed for... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

Either parent can file for custody at any time. Any verbal agreement is not binding or effective and is subject not only to interpretation issues but is not enforceable.

The legal test for custody is what is in the best interest of the child, not whats best for the parents.

Consult...
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2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: If you found out you had a kid 9 years later not on birth certificate are you responsible for all 9 yr of child support

No one is on the birth certificate but the mom but she was married at the time

Adam Bull
Adam Bull answered on Nov 4, 2019

potentially. If she was married at the time there is a presumption that her husband is the father which may give you some protection. At the same time you have a duty to make reasonable follow up on your actions to see if there was a child born. You also may be subject to action from the husband... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Current order Nc. Kids live in wa. Filed modification in nc but judge is trying to see who has jurisdiction nc or wa

Kids lived in nc 6.5 yrs then moved to wa when order was made in 2015. I have filed a modification to custody in nc where i live back in june and just got a court date in nov to see who has jurisdiction nc or wa. But nc has not released jurisdiction to wa so i think my case should remain in nc???

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 29, 2019

Jurisdiction typically goes where the children reside unless the order retains jurisdiction. Even then it would likely be super easy for the other parent to have a WA Judge step in. So it really depends on whether the other parent wants to make things difficult for you. If so, you will likely... Read more »

2 Answers | Asked in Child Custody for North Carolina on
Q: can i make my 14 year old daughter pay her phone bill?
Adam Bull
Adam Bull answered on Oct 28, 2019

Certainly. Your the parent. This is a parenting decision. If she is not responsible enough to manage the use of a phone, shes not responsible enough to have a phone.

Contrary to popular youth belief, a phone is not mandatory.

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2 Answers | Asked in Child Custody for North Carolina on
Q: How to go about getting temporary guardianship?

My niece is 15 and her and her mom are not getting along and my niece wants to come back and live with me. I live in NC nlw and her mom lives in Maryland. Her mom has no problem with her coming back to live with ms or giving me temporary guardianship. My brother (which is her father) is... Read more »

Adam Bull
Adam Bull answered on Oct 25, 2019

biological parents have a superior right to the physical custody of the children however this right is not absolute. Mom could allow child to come live with you and execute a power of attorney and a health care power of attorney however many schools will not accept this to allow you to enroll the... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... Read more »

Adam Bull
Adam Bull answered on Oct 24, 2019

As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test on a child?

Mother sexually involved with 2 men. Lives with Man A. Took a prenatal DNA test with Man B that came back 99% Man B is the father. Mother tells Man B that she is moving forward as if Man A is the father.

Adam Bull
Adam Bull answered on Oct 24, 2019

either potential father can file either a custody action or a paternity action involving child. Once paternity is raised the Court will order paternity testing. The mother cannot refuse without facing contempt. If the mother is not married there are no presumptions of paternity.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If my father is in jail and is the only surviving parent, can he give custody to my grandparents?

In my situation, I am living with my younger sister and brother with a woman that is emotionally abusive to only me and my sister. In order to get out of this, I spoke to my dad, asking him if he could give permanent custody of us to my grandparents who live in TN. My questions are: since he has... Read more »

Adam Bull
Adam Bull answered on Oct 24, 2019

this can be done. the grandparents would actually need to file a motion to intervene and for custody. If dad is willing to sign a consent order this can happen quickly. The person you are with now has no legal custody.

Where is your mother and have her rights been terminated??

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for North Carolina on
Q: My nephew in PA in a bad home situation. Child Youth are doing nothing. He’s 15, what happens if he runs away!

He’s a good kid and doesn’t deserve the crap life he’s been dealt. I live in NC and want to take care of him. If it’s kept very under wraps, could we get away with it? I’m scared if she doesn’t seriously hurt him, he will hurt himself.

Adam Bull
Adam Bull answered on Oct 24, 2019

first, any legal action will need to be done in PA as that is where he lives. You can make a report to child protective services but it sounds like that has not effected the desired outcome.

He potentially can file to become an emancipated minor which if granted would allow him to decide...
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1 Answer | Asked in Child Custody for North Carolina on
Q: Mediciad is making me basically forcing me to file fir child supportif I still want to be covered

I received pregnancy mediciad towards the end of pregnancy because my son wasnt going to be covered under my insurance. He is now covered by mediciad but I was told even though he is covered if want to continue my coverage id have to put the file for my the father to be on child support my casr... Read more »

Adam Bull
Adam Bull answered on Oct 22, 2019

Medicaid is a form of insurance provided by the State to provide health services to low income individuals. As it is provided by the state, the State is entitled to seek reimbursement for any medical treatment provided from the responsible parent. In this fashion they will seek reimbursement... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: In NC, do you have to be "legally separated" or can one person just move out and then file for Divorce a year later?

Basically, I want to know what is the process for divorce in NC.

We have one child together and she has one from a previous relationship.

We've been married about a year and a half.

What are the child support/custody rules and regulations?

I am completely at a... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 21, 2019

There is no such thing as 'legally separated' so "one person [can] just move out and then file for Divorce a year later" However, if you do it that way not knowing the law - which you clearly do not, you can screw yourself pretty hard. If things are amicable, your best bet is to resolve all the... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: And can you give an explanation of why I would lose because I’m none of what they put on petition which is defamation

I didn’t abandon my son I’ve been here threw out the whole time he just been staying with them I take him to all important matters I buy him what he needs so why is that

Adam Bull
Adam Bull answered on Oct 20, 2019

I would need more information before being able to answer your question. What is in a petition are merely allegations. The question is what evidence do they have to prove the allegations.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: So you telling me either way I have no chance of winning the case with or w/o attorney

My child godparents offered to help out with my child until I got on my feet end up expanding to a year I’m stable as possible but she filed emergency custody and she put lies on the petition that I’m unfit I never abandon my son I been in his life the whole time she had him in her care I take... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2019

That is not what I said and if that is what you understood from my response then your odds have just dropped some more. Words have specific meaning. What I said was your odds are not good with an attorney and are dramatically reduced if you represent yourself. I did not say you have no chance.... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Will this be a hard fight being that I let him stay to long in there care? Can I file a motion for dismal w/o attorne

My son is 2yr old been in his godparents care for 1yr 3 months I moved to Charlotte December of 2017 got a place end up losing it June 2018 Was going move back to Fayetteville but they offered to help me Until I got back on my feet I never wrote any agreement or rights to them now that I’m stable... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2019

You need an attorney. Based on your own description - they don't need to lie. Even if everything they said in their Motion for Emergency Custody is lies and everything you have said here is true - even with an attorney, your odds of winning are likely not good but without an attorney, they are... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Hi. I have a friend, a 21 yr old single mother being tricked in family court and needs an atty pro bono if possible.

She has 2 kids and has been trying to handle a messy visitation agreement on her own. Shes being tricked by her babys fathers lawyer into signing things. She has a court date set for the end of this month and no representation as she cant afford to hire one. Shes scared shes going to lose her kids.... Read more »

Melissa Averett
Melissa Averett answered on Oct 16, 2019

Raise money for her to hire an attorney. Do a fundraiser, post on GoFundMe, try Facebook donations, but trying to find a pro bono attorney is pretty much a non-starter. But you might be able to convince an attorney to take it on a flat fee of 2500 to 5000. Practicing law is an extremely... Read more »

3 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: What is the time that an attorney has to respond to a Show Cause and Contempt?

We have filed a Show Cause and Contempt along with an Amended Motion to Modify Custody on July 24, 2019. My Ex attorney was served by fax the same day as well and certified mail received 3 days later. As of today we have not received a response and her attorney is not answering emails, calls or... Read more »

Adam Bull
Adam Bull answered on Oct 13, 2019

Most motions are to be answered within 10 days, plus time for service.

With contempt the court should set a hearing to advise the adverse party of their rights to counsel as they could be jailed for a willful violation.

I would not be as concerned about the other side responding...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test of a child?

Mother was sexually involved with 2 men, not married to either, but lives with Man A. A prenatal DNA test was done and the results state Man B is the father. Mother states that she is moving forward as if the baby belongs to Man A. Can she refuse to allow a second DNA test with Man B upon the birth... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 10, 2019

Yes, she can refuse and then man B can get the Court to force her to comply. Of course, unless man B plans to try and obtain custody of the child, all man B is really doing is setting himself up for 18 potential years of paying child support.

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