North Carolina Family Law Questions & Answers

Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for North Carolina on
Answered on Apr 18, 2019
Amanda Bowden Houser's answer
You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something that is 'appropriate'. You say she doesn't get it - neither do I but sadly in today's world of ultra soft sensitive people, I suppose it may be possible. If this is something you feel strongly about,...

Q: Can I get a restraining order on my children's father before he gets released from prison.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on
Answered on Apr 17, 2019
Amanda Bowden Houser's answer
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.

Sadly, you likely can but you...

Q: What can I do to have my father arrested for committing a serious crime against my wife?

1 Answer | Asked in Family Law for North Carolina on
Answered on Apr 14, 2019
Amanda Bowden Houser's answer
Your story just doesn't add up. If he has stalked her - just go to your local magistrate and swear out a warrant. If you can't get a warrant, odds are it didn't amount to stalking rather than mysterious 'official forces' are conspiring against you. Also, describe events clearly and accurately - it is simply not true that he chased he "all through town" - that simply did not happen. While he may have chased her through some specific portion of town maybe even a significant portion, I assure...

Q: My wife has taken a bunch of my personal items I had before marriage and says I’m not getting them back what can I do

1 Answer | Asked in Family Law for North Carolina on
Answered on Apr 14, 2019
Amanda Bowden Houser's answer
Based on your description, a lot of what you say she has done is likely not legal. According to you she has likely committed perjury to use the court system against you, stolen your personal property, likely committed adultery (which is technically still a crime here in good ol' boy North Carolina) and seems to have basically gotten away with all of it. Further, she seems to think either that there is nothing you can do about it or that you simply won't do anything about it, even to the point...

Q: What do I do if my ex wife is wanting to move my son out of NC without a custody agreement ?

1 Answer | Asked in Family Law for North Carolina on
Answered on Apr 14, 2019
Wendy Smith's answer
You need to hire an attorney ASAP to file a custody complaint and prevent the move.

Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Apr 13, 2019
Amanda Bowden Houser's answer
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...

Q: I am in desperate need of assistance finding help in seeing my three daughters who are being kept out of contact with me

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Answered on Apr 9, 2019
Amanda Bowden Houser's answer
What is 'amiss' is you trying to do your own legal work and you are not an attorney. Would you ever in a million years think to yourself - "know what, I know I'm not a mechanic but I'mma go ahead a rebuild my car's transmission - how hard could it be". Compared to legal work - you'd likely have better luck rebuilding the transmission properly. You need to hire an attorney. Best of luck.

Q: As a father to a minor child can I file for TPR on myself in a pending 50-B action, a custody action initiated by myself

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for North Carolina on
Answered on Apr 9, 2019
Amanda Bowden Houser's answer
Of course you can not terminate your own parental rights because that would mean you could unilaterally terminate your obligation to pay child support. You don't need any sort of court order or court involvement to stay away from the mother and child but unless you are willing to live an indigent lifestyle off the grid or likely have to hop from job to job, you will be paying child support unless mother lets you off the hook and even if she is willing to do that, the state of North Carolina...

Q: 17/18 yr old wants father to stop posting on social media their gender

1 Answer | Asked in Family Law for North Carolina on
Answered on Apr 7, 2019
Amanda Bowden Houser's answer
17/18? Are you saying you are confused about your age as well? So essentially it appears you want to dictate what gender your father identifies you as. Isn't that the same thing you want him to stop doing to you? The fact of the matter is, you don't get a choice about your gender - you are what you are. If you want to pretend to be something else, that's fine but you don't get to dictate that the world must pretend along with you. Should your father support your choice even if he doesn't...

Q: My son went to live with his dad two years ago, will he have to pay me the back due child support?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Apr 3, 2019
Amanda Bowden Houser's answer
What? Of course he doesn't owe you any money. $15,000? What kind of gorilla math is this? Is the 'juice' still running? $400 a month for two years is $9,600 - which you likely ought to owe to the father. If the child went to live with the father two years ago and the child is two years old - father can not possibly be very much in arrears. Definately not to the tune of $15K. You don't seriously believe you are entitled to child support while you didn't have the child - do you? You...

Q: can my legal parent/guardian allow me to quit school at 15 in NC without any consequences?

1 Answer | Asked in Child Support, Education Law and Family Law for North Carolina on
Answered on Apr 1, 2019
Amanda Bowden Houser's answer
You have to wait until you are 16 to make one of the worst decisions of your life. Look into the possibility of home schooling.

Q: Will I receive alimony and possibly a majority share of assets and/or reimbursement for attorney fees?

1 Answer | Asked in Divorce and Family Law for North Carolina on
Answered on Mar 30, 2019
Amanda Bowden Houser's answer
You can look at a chart and calculate child support - you can't do that with equitable distribution. There are many factors that can be considered and a Judge has wide discretion to decide. The best thing is for you and your spouse to sit down and decide something fair yourselves for free or at very low cost with the guidance of an attorney or you can duke it out in court and pay strangers often quite a bit to decide for you.

Q: State of NC here, Quit my job to take care of father in law can I charge & invoice family for my services?

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Answered on Mar 30, 2019
Amanda Bowden Houser's answer
Yes, you can but they have no obligation to pay you unless they agreed to do so.

Q: Can DSS question my girlfriends daughter without her present if she tells them not to with out her thete

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Answered on Mar 25, 2019
Amanda Bowden Houser's answer
Yes, they can - especially if the child is school age. They will just roll up in there without you present and question away - all with the likely gleeful help of the child's teacher and principal. If you are smart and have instructed the child not to speak to people. They will essentially use terror interrogation to attempt to scare the child into talking - all quite a disgusting practice in my opinion. It is critical that you explain to the child not to say anything under any...

Q: My 17 yo daughter moved out after graduating High School and lives with an adult friend. She wants us to pay for her gas

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Mar 15, 2019
Amanda Bowden Houser's answer
You certainly are not required to support her on terms that she dictates. If she is old enough to live where she wants, she's old enough to provide for herself. You likely ought to stop enabling her immature behavior.

Q: What’s the best way to go about getting visitation established through the court.

1 Answer | Asked in Family Law for North Carolina on
Answered on Mar 13, 2019
Amanda Bowden Houser's answer
You just have to shop around and find an attorney you are comfortable with who charges a reasonable fee. Then you are just gonna have to bite the bullet and figure out a way to pay. If the other parent can not afford an attorney you should not have too much difficulty getting the court to find in your favor. Best of luck.

Q: Is there a law that prohibits a mother of a child who has been sexually molested from living in the home of another man?

1 Answer | Asked in Family Law for North Carolina on
Answered on Mar 4, 2019
Amanda Bowden Houser's answer
There is no outright law against it but if the Court and / or DSS was involved in the first case, there may have been some court ordered restrictions placed on the mother. If there were no court ordered restrictions, then there is likely nothing to prevent the mother from putting her child in another potentially bad situation.

Q: I was never in custody of my children, because I was under age. They have been paying for years now. Is this right.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Feb 27, 2019
Amanda Bowden Houser's answer
As asked your question makes no sense. What are you trying to ask?

Q: Should I be prepared to pay college tuition if I have no rights to see either of my children?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Feb 27, 2019
Amanda Bowden Houser's answer
Unless you stupidly agreed to pay for college in some binding agreement, your obligation to pay child support beyond the age of 18 is limited to a circumstance where the child is 18 but has not yet graduated from high school - in which case your obligation typically continues until the child graduates high school. You are of course free to contribute financially after the age of 18 if you want to but you are not under any legal obligation to do so nor can the mother legally force you to pay...

Q: My child's father reports to federal prison at the end of this month to begin a 7 year prison sentence. My child is 4

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Feb 24, 2019
Amanda Bowden Houser's answer
If he is smart he will structure any income he receives while in jail in such a way that you likely won't see a dime in child support. Since he will already be in jail, there likely won't be diddly squat you or the Court can do except let arrears accrue. So you have two choices: 1) getting sole custody and keeping him potentially on the hook for child support is a cake walk and a no brainer - you'd have to be a scratchy crack addict to lose that case. 2) petition the court to terminate his...

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