I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.
The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what...Read more »
Both the father and the mother are in the picture and the mother has Primary Legal Custody of the children. One of the children (Minor), would like to change their legal last name from their father's. Is this possible to do without the consent of the father?
My husband and I married four years ago and bought a home/mini-farm almost two years ago. Large home on 4 acres with chickens, ducks, dogs. This Monday, without giving me any warning, he signed a lease on a new place to live, took a few things with him and left. No heads up to prepare me that I... Read more »
It sounds like you may have a claim for Equitable Distribution (property division) and Spousal Support. You will have to prove that you are the dependent spouse in order to be granted spousal support, but because you have physically separated and ended the relationship you can...Read more »
If you decide to represent yourself it is best to review the county local rules. All NC county courts have a page on the Nccourts.gov website. This is where you can locate county forms and filing deadlines.
Also, as I assume you found out, you can file the motion, however,...Read more »
My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly... Read more »
You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property....Read more »
Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.
Once you start the guardianship process, a guardian ad litem (GAL) will be appointed. They should be able to access some of these records; I highly advise that you get legal help in this matter, not just for the initial hearing but also for the subsequent duties that fall on the appointed guardian.
My father in law bought a home for my husband and I and we lived there for 14 years. My estranged husband and his father are on the deed. My name is not, although I made the payments for 9 of the 14 years I lived in the home. My father in law is trying to sell the house and needs my signature on... Read more »
This is a matter for the divorce settlement, you have very limited rights under real property law. In order for the house to be sold while you are married, you must sign the deed but likely you cannot be forced to sign.
It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them...Read more »
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a...Read more »
He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »
In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.
Yes, but there are some steps you will likely need to follow. You are likely in a bailment situation where you will be required to take reasonable care of his property for some period of time and to provide him with formal notice to make arrangements to pick it up. If so, typically 30 days is...Read more »
I filed for custody of our son the first week in December 2020 and 3 weeks later the father left NC and returned to MD to live with his mother. He has visited once since moving. We have mediation late March and he has informed me he will request for his visitations to be held in MD. He also said he... Read more »
I dislike these types of questions as it really just calls for speculation when we don't know anything else about the parties, the case, or the judge. So any answer you receive is going to be mostly guesswork. All that said, I could see a judge ordering that the child is to have visitations...Read more »
Depends. Assuming there are currently no Court Orders or enforceable agreements to the contrary, the ex can pretty much move anywhere in state without your consent but doing so over your express objection would likely make her look bad if you took her to Court over it unless she has a very...Read more »
My youngest is 11. He is having mental health issues and openly says he NEEDS to come home. Their stepmom is treating them badly as well. Dad is refusing. Both sides of the family feel this is best. Should I call his command? Is my son old enough to represent himself?
Your son is a child and will have zero say in terms of representing himself - although it is possible a Judge may want to hear from him and may give his preference some very minor consideration. Your ex's command has zero authority in this matter and they likely would not get involved in this...Read more »
I have primary physical. But a while back my child’s father said he didn’t have any passwords or anything to daughters social media accounts. At first I was like why would I give him the passwords when we usually use the same ones for my accounts? But now he’s filed a modifying the order in... Read more »
Yes, if he requested them, you likely should have given them to him unless you have some compelling and legitimate reason not to and no your daughter's privacy or the fact that you share the same passwords is not a good reason. Which means you and your daughter should not share the same...Read more »
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