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North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law for North Carolina on
Q: im 16 and i live in north carolina.what would happen if i moved out without parental consent?
Melissa Averett
Melissa Averett answered on Oct 24, 2020

If you move out before the age of 18 without an order from the court that you are emancipated, your parents can have you declared an undisciplined or runaway juvenile and have you returned to the home by law enforcement. Or they can do nothing but since you're not 18, you can't get a job... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I may know someone who is affected by parentification but do not know what to do.

He is 20 years old. Very convoluted family. Mother goes to him for everything bypassing other adults in household. From shopping, to friendship, to help parenting other children, and specifically rejecting help from other adults in the house

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 23, 2020

I don't think I can provide an answer here as this doesn't appear to be a legal issue. While still young, this person is a 20 year old adult and can make their own decisions about how to interact with their family. If there are issues in this household, it would appear appropriate to... Read more »

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: I am a minor seeking emancipation. I still live with my parents. Must I be moved out before I can be emancipated?

My parents will not let me leave. I live in NC, I am 16 with a job. I have a place to go. I have read that I need to be moved out and have lived in that location for a certain period of time before being emancipated, is this true?

Melissa Averett
Melissa Averett answered on Oct 23, 2020

Technically no. Although it helps. Here's an article that I wrote with all the details. https://averettfamilylaw.com/?s=Emancipation

1 Answer | Asked in Family Law for North Carolina on
Q: I have custody in NC and my ex gets visitation every other weekend. Can I move to a new location in NC for work?

Their mother lives 2.5 hrs away. I know getting my ex to agree to allowing the move would be easier but can she stop me from moving??? I'm not going to deny her from the set visitation schedule, will just be in a different part of the state, same distance.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on Oct 22, 2020

If an existing custody order is in place, it is imperative that you continue to comply with that order. If the mother of the child opposes the move, then she could petition the court for a modification of the existing order. The mother would then have to prove that (1) there has been a substantial... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: What are the Fathers visitation and custody rights to a child born out a wedlock with him being on the birth certificate

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... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow 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...
Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

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... Read more »

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

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can I get a case back to court about placement for a 17 year old who wants to live in my home?

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.

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

1 Answer | Asked in Family Law for North Carolina on
Q: Is there a statue of limitations on alimony after a divorce it’s been 2 years

I am disabled I am having to pay for my daughter college I can’t get help from her mother I just lost her check so I lost over 900 dollars a month can’t do it by my self

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 11, 2020

If you don't have an alimony claim pending PRIOR to a divorce, then your claim is going to be completely barred. In other words, you must have initiated your alimony claim before the divorce is finished if you want to pursue it. Unfortunately, unless I'm reading your facts wrong, it... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I am 15 earning over $85k/year post tax. Can I move out at 17 with parental consent?

Yes, I know this may seem like a BS question but I swear I'm not lying. Through a streak of luck, I've managed to place myself in a position where I can own a software company that nets over half a million annually, while taking a ~20% cut. I do not want to file for emancipation if possible.

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 11, 2020

Your parents are legally responsible for you. So you would likely need to get emancipated or your parents may get into trouble for not properly taking care of you and you could expose them to additional liability for your actions if you screw something up the way a 15 year old child is apt to do.... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Can my mom do this?...

I am 16 and have an almost 1 year old child. I have a restraining order against the father and isn’t allowed to see me or my son. My mom doesnt like my current boyfriend (not my child’s father) and kicked me out and refuses to let me see my son and has been letting the dad see him even though... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 9, 2020

Your mother's actions may not be entirely legal per se but this is good 'ol boy North Carolina and I highly doubt any court or Judge would give her any 'legal punishments' as you put it based on what you have described. The bottom line is you are a child and if you won't... Read more »

1 Answer | Asked in Family Law and Real Estate Law for North Carolina on
Q: What do I need to buy my husband out of our home in North Carolina?

We have been legally separated for roughly 5 months and he has signed a Free Trade Agreement. Currently I have the house and pay everything but I want to refinance it to my name and pay him off of the loan. Are there any specific legal documents or procedures I need?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 5, 2020

The only document that you would NEED is a deed prepared that conveys his interest in the house to you. However, I also think you would WANT a Separtion Agreement, which would set forth the terms of a potential buyout and would fully resolve all of your remaining property claims (as well as... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: can the custodial parent move her and our daughter across country without my consent?

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... Read more »

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

1 Answer | Asked in Family Law for North Carolina on
Q: I am currently 17 years old. I am living with my parents and we are all wanting for me to get emancipated.

I can't afford an attorney and the process would take a while, how could i go about this in a quicker manner

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2020

In order to be emancipated, you need to prove to a Judge that you have the financial ability to properly take care of yourself (among other things). If you can not afford an attorney - you likely can not meet that burden of proof. Also, you will effectively be emancipated at 18. The closer you... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son lost custody to DSS about 1 1/2 years ago and now they're trying to force him to sign his rights away.What now

They're in foster care and they want to adopt them

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

2 Answers | Asked in Family Law and Child Support for North Carolina on
Q: Are holiday or vacation overnights counted in addition to the basic custody schedule when figuring child support?

I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2020

A properly drafted consent order should have already properly calculated child support. However, what worksheet you use is based on what type of custody you have. Since we do not know that, we can not answer your question. You should likely consult with a local family law attorney if you want to... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Can a wife (who is a paralegal) take the kids if she catches her husband emotionally cheating? She thinks because she is

A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.

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

1 Answer | Asked in Family Law for North Carolina on
Q: My 14 year old grandchild is being emotionally abused by his parent. The family, Aunts and Uncles, see the abuse

There was a situation that escalated recently requiring a call to DSS for a welfare check. What are the rights of the child? The parent fabricates situations and lies to DSS making things look totally different saying it is just discipline for a teenager. Shouldn’t DSS question outside sources... Read more »

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

Typically when a child is being abused - it is obvious. Especially to people trained to detect it. If DSS investigated and are satisfied there was no abuse, then more likely than not - there was no abuse. So likely your issue is simply some dislike of the parent and your view of the... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: What kind of consent form can i send my incarcerated sister to sign to give me the right to talk to her DSS case worker?

My sister is currently incarcerated and has an open DSS case. She wants me to talk to her DSS case worker but, they will not talk to me with out talking to her, but wont answer the phone when she calls.

Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

Ask her DSS worker what forms you need to talk to her, additionally, your sister should have an attorney assigned to her for the case, find out who that is and talk to them.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can I get my daughter back from her guardian without paying lawyers fees and going to court?

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... Read more »

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

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