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North Carolina Child Custody Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I am 17 yrs old & I want to move out. I live in Thomasville NC. Can I leave without parental permission?

I am 17 and I’m tired of my living situation. I have previous work history and I have experience with paying bills. I pay my phone bill every month and 1/3 of our rent. I have my own car as well. I also buy my own clothes, hygiene needs, and food. Basically what I’m saying is I know how to take... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 25, 2020

Highly unlikely that your aunt would get in trouble if you went to stay with her. What would potentially happen is that law enforcement personal could come to her house and direct you to return to your Mom's residence. As long as you did so, it is hard to imagine any sort of negative... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: If there's a court order can a parent deny visitation because she's worried about covid?

Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 23, 2020

Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can you remove an intervenor from a case? Court placed my kids not dss. How do I go about getting them back?

My children falsely accused my current husband of abuse. All criminal charges against him were dropped. Now the intervenor said she will not give my kids back without a fight. I had no case against me but yet the court still placed them with the intervenor because I knew the allegations against him... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 18, 2020

You are simply not competent to fight the legal aspect of this fight and will need to retain a family law attorney in the county in North Carolina that the case is in. You consistently refer to the person who currently has custody as the 'intervenor' - odds are it is your mother (or... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What would be the best course of action, to fight against a dismissal when it is brought up in a custody case? (repost)

I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 17, 2020

If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.

Of...
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1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on
Q: If I move out of the home I live in with my husband to seperate, can I take our children with me? Buy a home myself?

Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 14, 2020

It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I’m 16 and I want to know if I can choose which parent I want to stay with

Nun of my parents have custody over me but I want to move in with my mom but my dads telling me no what do I do could I just move in with my mom and I live in North Carolina

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

At 16 you are still a child and technically are not competent to make decisions like that. However, realistically as long as no one makes a stink about it yes, you could in essence choose. Even if someone were to make a stink and it did go to court, at 16, most Judges would like to at least know... Read more »

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Legal Malpractice for North Carolina on
Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... Read more »

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

Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: The mother of my boyfriends children popped up unexpectedly a day ago, she recorded an argument between he & I. She is

Now threatening to take the video/audio to court to say that I am threatening the safety of her children even though the argument was away from the children and between him and I. how do we handle this If she does try to use the clip in court ?

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 10, 2020

The best way to handle it was to not have let your boyfriends ex anywhere near you or your property especially with time and opportunity for her to record an argument. However, since that ship has sailed, how you handle it will depend on 1) if she follows through with her threat or not -... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Are notarized documents typed up & signed by both parties legally binding or do they hold any weight in court?

Examples being custody arrangements for kids, money given towards supporting the children.

*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 6, 2020

They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Juvenile Law for North Carolina on
Q: How to fight a 50 c on my child

I need to know how to fight a 50 c that was took out on lies

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 6, 2020

This is the functional equivalent of asking us to teach you how to rebuild your car's transmission if you aren't a mechanic. There is simply too much information to covey in a forum like this. Your best bet is to consult with a local attorney. That said, in essence a 50 (c) usually... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Need help with child support agreement and visitation She won’t work with me on making visitation happen

And has broken agreements multiple times

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 3, 2020

If she is breaking agreements then you likely need a court order. Violate a court order and the punishment aspect can be a lot more severe. As to child support, that is a simple guideline formula based on incomes and it is difficult to deviate from what the guidelines say. Your best bet is to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Do I need a lawyer present for a calendar court session
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 3, 2020

I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... Read more »

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 »

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