Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.
answered on Dec 1, 2020
No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.
answered on Nov 30, 2020
You might not be able to. If there is a custody order which gives the mother certain custodial time, she still has to "live her life" during her custodial time, which would likely include working. The same applies with you - you might have to work or might have some other commitment... View More 
My ex husband and I have split custody however he does not obtain his part of the order he does not get them when he is supposed to he is now also incarcerated and is being charged with 6 felony he is a danger to my children. My 5 year old son came home and told me step-by-step about his father... View More
answered on Nov 29, 2020
Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the... View More
Also can they move me when I’m about to be 18 in less than 8 months
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2020
The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... View More
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... View More
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... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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?
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 -... View More
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*
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... View More
I need to know how to fight a 50 c that was took out on lies
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
And has broken agreements multiple times
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Ex is behind $14,000 per our divorce decree and never took any of his visitation.
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... View More
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... View More
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
