Get free answers to your Child Custody legal questions from lawyers in your area.
Dss will not stop coming to my house looking for my little sister. I willing let them in to look the first time after that I would not let them back in. They then took papers out on me for "contribute to del of a minor" what should I do ? No proof of anything just hearsay. Also can they... View More 
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answered on May 22, 2020
My experience with DSS workers is not good. They often seem to gleefully abuse their power based on the flimsiest of evidence or even just their own bias and prejudice. Typically speaking you should never cooperate with DSS. As to what you should do now, you could likely benefit from a... View More
Can I withhold visitation? Where is my son supposed to sleep? My daughter is 13. We know nothing about this man and the worst part is their father hasn’t even divulged that he’s moved in! Where is my 17 year old son supposed to sleep? He has autism and mentally/emotionally he’s not 17. Do... View More
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answered on May 19, 2020
More often than not, these types of concerns are more about disapproval of the ex rather than an actual legitimate concern for child safety. However, if you believe you have a legitimate concern, it is likely your best bet is to consult with a local family law attorney ASAP who can objectively... View More
answered on May 18, 2020
Emancipation is more complicated than just signing papers. The following blog has the requirements for emancipation in NC. If you have additional questions, you will need to hire an attorney to assist you. https://averettfamilylaw.com/?s=emancipation
This is not the first time he has violated these, all I have are text messages proving that he is using my son against me because he cant get what he wants, which is me. I have sole custody but what else can I do to get more custody? But not take away his visitation?
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answered on May 17, 2020
If someone subject to a Court Order is violating the Court Order, typically the next step is to file a Show Cause Motion. If the person has no legitimate reason for violating the Court Order, a Judge will typically take some action to correct the violation. This action could take any number of... View More
He was verbally abusive to me and the kids. That is why we all three live in North Carolina with my mother/their grandmother.
answered on May 7, 2020
You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support,... View More
answered on May 5, 2020
No. You should direct the question to a lawyer that practices family law.
answered on May 5, 2020
If there is no court order preventing mom from moving with the child, she can. However, if she does so without getting consent from dad or permission from the court, this could end up hurting her in a custody case.
We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were... View More
answered on May 5, 2020
You'll need to file a lawsuit for custody, if you want to enforce your agreement and/or get more time with them.
answered on Apr 23, 2020
I am assuming since you are asking the question, you've been told by the children's mother that you have no rights and can therefore not see your children. Unless there is a court orders stating otherwise, the short answer is "Yes. You have rights." The extent of that right is... View More
I haven’t lived with my parents in over a year. I am still in contact with my mother, but my family has been abusive my entire life, with my father being arrested for domestic violence, (my mother dropped the charges but we had a restraining order for a few months) and my mother being in a... View More
answered on Apr 22, 2020
Short answer is: you'll need a court order. If you are almost 18 anyway, I'm not sure why you couldn't just wait until your 18th birthday to be able to make your own legal decisions. Contact an attorney to learn more about your options and the process of emancipation.
talking on the phone would be easier to explain the situation please call me at 828-618-0308
answered on Apr 6, 2020
First off, plan on going to court. Use the Find a Lawyer tab at the top to contact family law attorneys in your area with whom you can have a telephone consultation.
My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... View More
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answered on Mar 31, 2020
You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... View More
I am the one who opened the case against her do she have the right to move from one County to another County without letting DSS or myself know in the state of North Carolina
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answered on Mar 28, 2020
Unless ordered by the court to do so a person generally has no obligation to get permission from or tell others that or where are moving. In fact, sometimes the purpose of the move is so that others don't know.
My son's mother is ignoring me about our son an i have a paper signed by her that is notarized saying nither one of us would keep him from each other what can i do?
answered on Feb 27, 2020
You'll have to go to court, to either enforce the contract under a breach of contract action, or file for custody in court to get a Custody Order. The other issue is, if only she signed it and you did not, there is no contract unless you can prove that she signed it in exchange for something... View More
My dad entered my life when I was 13. We currently have been talking without my mothers permission. He is a recovering drug addict and a felon. I dont want to live with my mom anymore. I'm tired of being yelled at and mistreated. Will a judge allow me to live with my dad?
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answered on Feb 22, 2020
Likely not. If you are tired of being yelled at and mistreated. perhaps you should consider changing your behavior that results in you getting yelled at and mistreated instead of entertaining the likely incredibly bad idea of going to live with a recovering drug addict and felon who just entered... View More
I live in Wilkes County, North Carolina. The case is also in Wilkes. I will discuss what the case is about in detail upon finding the lawyer I need but it involves a whole lot of hearsay over actual facts. There have been a ridiculous 6 or 7 calls made to DSS, all questionable and none were... View More
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answered on Feb 20, 2020
Your big mistake was cooperating with DSS. The time to have hired an attorney was prior to making that very bad decision. However, you still need an attorney and ASAP but you need a local attorney. So your best bet is to shop around locally - most of the attorneys here will not be able to assist... View More
She has moved her from north Carolina to Texas and now way to alaska. I miss my kid and hate I only can see her through a phone screen! Please help me out because I do not know what to do.
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answered on Feb 6, 2020
You need to hire a attorney.
My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the
Time. My step mom is either passed out high or when... View More
answered on Jan 28, 2020
Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:
1) report the activity to your school counselor and resource office.
2) call the Department of... View More
She is now denying me DNA testing because I only want a relationship with my newborn an not her.
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answered on Jan 28, 2020
The mother can only do this if you allow it. Simply go hire an attorney and force her to comply with DNA testing. Of course, if the child is yours this will put you on the hook for likely at least 18 years of child support along with the grief and expense of fighting with her over visitation or... View More
I asked my husband for a separation several times throughout the course of a yr he always told me no, we needed to work on it. He finally told me that he was NOT leaving the house (we rent) that if I wanted out I would have to leave. I couldn't take it anymore, so I finally packed up told our... View More
answered on Jan 25, 2020
So sorry to hear of your situation. You need to file for custody. I would not worry about claims of abandonment as the law recognizes the need to separate.
Consult an experienced family law attorney to review your matter and address your concerns.
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