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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
"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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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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