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... View More 
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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... View More
They're in foster care and they want to adopt them
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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... View More
A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.
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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... View More
My daughter Trinity, who is 7 years old now has been living with her aunt since she was 2 almost 3 years old. DSS came and got her and sent her to a temporary home until Trinity’s dads sister decided she was willing to go for guardianship in hopes we would get our lives together. Pretty much her... View More
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answered on Sep 24, 2020
No, you can not do this over the phone like ordering a pizza. You need an attorney for the same reason you need a mechanic when your car breaks down - because you have no idea how to do it yourself. Another consideration is, if you can not afford an attorney, how are you financially stable and... View More
My court order states that I can have twice weekly Facetime visitations from June to November. However, I haven't had a second Facetime visitation for one week every month during the week that I visit my son in North Carolina. So, I have missed one Facetime visitation in June, July and August.... View More
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answered on Sep 22, 2020
Possibly. It depends on whose fault it is that you missed the scheduled visitation and if it is the father's fault, whether or not he has good cause for the failure to comply. Essentially, the only way for you to find out is for you to file a Motion to Show Cause. Best of luck.
I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... View More
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answered on Sep 20, 2020
Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... View More
I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... View More
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answered on Sep 13, 2020
Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct... View More
I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... View More
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answered on Sep 13, 2020
Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than... View More
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answered on Sep 10, 2020
If he is on the birth certificate - you both have equal rights to the child unless you have agreed otherwise in a valid enforceable agreement or a court order says otherwise.
Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... View More
answered on Sep 10, 2020
If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.
A judge isn't going to care about... View More
My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... View More
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answered on Sep 8, 2020
Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... View More
Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... View More
answered on Sep 3, 2020
I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.
I highly doubt that a motion to dismiss or a... View More
-dad adopted child
-child has no legal mother
-dad dies with no will
- daughter becomes executor
- other family member petitions the court to become guardian
Who legally becomes guardian of a minor child and their assets?
answered on Sep 3, 2020
Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... View More
Her father and i have never had any kind of custody order drawn up. What steps do I need to take?
answered on Aug 13, 2020
The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice... View More
Both of us are fit parents, father in the military and I am remarried and work a good job. Her father and stepmother are divorcing after having lived in Germany since she was 8yrs old. They returned recently and her father dropped her off with me in NC and headed off to his next duty station in... View More
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answered on Jul 11, 2020
As a parent, what makes your child 'happy' should be irrelevant to you or at least be a very secondary concern to what is best for her. At 17 she is a child and children by definition are not competent to determine what is best for them - that is your job. So determine what is best for... View More
It’s not a good situation we don’t get a long and he doesn’t want to help me get to work so I can start supporting my family and getting my life together the place I can go to will help me can I just take my kid and go what are my rights
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answered on Jul 4, 2020
You are a child and won't be able to freely decide (or at least as freely as any one in society can) the course of your life until you are 18 or emancipated. So assuming you want to limit your current options to your legal options (which is what someone with a family of their own ought to... View More
I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get... View More
answered on Jul 1, 2020
If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for... View More
answered on Jun 16, 2020
This isn't really a question. Depending on what county you live in, there may be some "file-it-yourself" paperwork you can get from the courthouse to help you file for custody. Otherwise, you will need to have an attorney assist you. You should at least consult with an attorney,... View More
Is there a quick way to get visitation?
answered on Jun 3, 2020
Generally speaking, there is no "quick" way to get visitation, unless the other parent agrees or you resort to other means which may only escalate any disagreements you already have with the other parent. You should really consult with an experienced family law attorney, who can help... View More
I have a stable home and everything my child needs with his own room wardrobe toys and all. His father is keeping him from me solely on the grounds that I have a new man in my life. I dont wantto further tramatize my son more by taking off with him suddenly. Id like to go about it the proper way in... View More
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answered on May 27, 2020
Custody cases are often complex and a lot of work so you will likely be hard pressed to find an attorney willing to do it pro bono. That said, it never hurts to shop around and ask. If you can not find a pro bono attorney , you may at least be able to find an attorney willing to work with you... View More
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