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North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I want to live with my dad. Can I?

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?

Amanda Bowden Houser
Amanda Bowden Houser 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... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Separation and House

Me and my wife are about to separate in NC that requires 1 year separation before divorce can be final. She went and saw a lawyer, and in this state you dont need separation papers. She in moving out. She says I can keep the house for now and we discuss it in 6 months if we sell it or I buy my... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 22, 2020

I assume you want to limit yourself to just your legal options of stopping her. If so, no you can not stop her from trying but you may be able to stop her from winning if you do I what I told you to do in a prior question and that is go consult with a local family law attorney. Think of it this... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for North Carolina on
Q: I need a good child custody lawyer who is willing to fight using facts against local DSS's deceit and lies...

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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser 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... Read more »

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Q: so i have been wondering i am 16 may 24th 2003 i want to move out of my parents house because i dont feel happy or safe

we want to make sure its legal and that i can move out tonight because i dont wanna be brought back i think if i stay there i will finally become happier do more things and more.

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 13, 2020

If you were 16 on May 24, 2003 that means you are like 32 - so yeah, get outta yer moms house.

1 Answer | Asked in Family Law for North Carolina on
Q: Can you provide a form RC 1303.03 for me to use in Domestic Support case in Ohio
Adam Bull
Adam Bull answered on Feb 11, 2020

NO, you will need to contact an attorney who is licensed in the state where the action is pending.

1 Answer | Asked in Family Law for North Carolina on
Q: If my husband leaves his residence for health reasons can I stay?
Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 9, 2020

I am going to assume you are currently separated and living in separate residences now (otherwise your question makes no sense) and you want to know if you can just waltz back up into your husband's house if he leaves. If you ask him and he allows it, then you are good to go otherwise you may be... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I'm pregnant and got divorced then remarried a week later. Who's name will be on the birth certificate?

I divorced my ex, and married my child's biological father. Just wanna know if my current husband (bio dad.) Or previous husband will be listed as father. The laws are pretty vague and confusing.

Adam Bull
Adam Bull answered on Feb 6, 2020

The biological father. Get a paternity test, then have the father file an action to legitimate the child.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I can count on1 hand how many times I see my kid and I pay child support. Mother moved her way to alaska.What can I do

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.

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

You need to hire a attorney.

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: Currently going through divorce and pregnant. How can my child's biological father be on the birth certificate?

I'm currently filing for divorce. I've been separated for 2 years, with a new boyfriend and my boyfriend and I are having a baby. How can we get my boyfriends name to be put on the birth certificate instead of my husbands? Do we sign the affidavit at the hospital or do we have to file and go to... Read more »

Adam Bull
Adam Bull answered on Feb 5, 2020

First there is a presumption that your husband is the father until you are divorced. Second, your boyfriend will have to file an action to legitimate child once born. If you are not divorced at that time you will have to notify your husband.

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1 Answer | Asked in Family Law for North Carolina on
Q: I’m 16 and I was wondering about emancipation of a minor and what all you have to do and the requirements of this

. I would like to get emancipated because I’m currently pregnant and I don’t want to live here once my baby gets here because I don’t have room in the house for me and my son my room is way to small for the both of us and we don’t have anywhere else for him or me and my family i live with... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 1, 2020

You essentially have to prove to a Judge's satisfaction that you have the financial means and maturity to handle adult life and to provide for yourself. Based on the content of your question, this is likely not something you can do.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

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... Read more »

Adam Bull
Adam Bull 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...
Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get my child's mother to let me take a DNA

She is now denying me DNA testing because I only want a relationship with my newborn an not her.

Amanda Bowden Houser
Amanda Bowden Houser 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... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Question about family law and drug tests

Dad has an order in place that says he can ask for a drug test of mom and the boyfriend at any time. Dad has to pay for it. If they fail the test, they have to pay dad back. However, we can't get a straight answer from our lawyer about if they refuse to take it. Is failure to take a test the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 24, 2020

If the Order was made properly it will say what is to happen in the circumstance of refusal. However, the most common remedy would be for dad to file a motion to show cause. Typically if mom and boyfriend don't have good cause for the refusal they will be ordered to comply and likely have to pay... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.

Adam Bull
Adam Bull answered on Jan 23, 2020

If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.

If she is seeking to terminate his parental rights that's another issue with many factors.

Consult a local experienced family law attorney...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

1 Answer | Asked in Family Law and Libel & Slander for North Carolina on
Q: Wanting to sue aunt for false promises, deformation of character, evicting my family for no valid reason. Moved from sc

She told my wife's family we were homeless which was not true. we were told to get rid of all household items, break our current lease, and for me to change jobs and kids to change schools and move 3 hrs/different states and now we were told we can not stay here and have no where to go. Need help!

Adam Bull
Adam Bull answered on Jan 23, 2020

unfortunately the law does not provide a remedy for people acting poorly in all situations. If there was not a written lease or contract, then each party is able to change their minds at any time, just like she couldn't force you to live here.

next time, if you have any hesitation, get an...
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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My boyfriend is currently locked up in jail in NC for non payment. While he was working they were taking the payments.

While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?

Adam Bull
Adam Bull answered on Jan 23, 2020

The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that existed before... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »

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1 Answer | Asked in Family Law for North Carolina on
Q: What if the father is following the agreement made in mediation and the child cries and cries they don’t want tl go

Also he gets threatened by his fathers wife’s mom and she has hit him before the kids barely go to their dads he pretty much just whenever he wants he is suppose to get them every other weekend and he doesn’t and when he does he picks them up on Saturdays and brings them back on Sunday but he... Read more »

Adam Bull
Adam Bull answered on Jan 19, 2020

The child crying is generally not a basis to modify or withhold visits without more evidence of negative effects on the child as its not unusual for children to be upset about any change in there situation depending on their age.

Consult with an experienced family law attorney to determine...
Read more »

1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: Is it conflict of interest if judge issued a protective order is law professor at the University the petitioner attends?

Is there a conflict of interest?

Adam Bull
Adam Bull answered on Jan 19, 2020

No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.

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