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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.
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.
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... View More 
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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... View More
My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... View More
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answered on Sep 23, 2020
Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... View More
My court order states that I can have twice weekly Facetime visitations from June to November. However, I haven't had a second Facetime visitation for one week every month during the week that I visit my son in North Carolina. So, I have missed one Facetime visitation in June, July and August.... View More
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answered on Sep 22, 2020
Possibly. It depends on whose fault it is that you missed the scheduled visitation and if it is the father's fault, whether or not he has good cause for the failure to comply. Essentially, the only way for you to find out is for you to file a Motion to Show Cause. Best of luck.
I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... View More
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answered on Sep 20, 2020
Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... View More
answered on Sep 17, 2020
He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the... View More
I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......
Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as... View More
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answered on Sep 14, 2020
You are essentially asking if you can lie to the court. The answer to that is - yes, you can. However, if you do and get caught it is potentially a felony and you may end up being with your husband in jail. There is no legal way around the one year separation requirement in North Carolina.... View More
I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... View More
answered on Sep 14, 2020
The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.
I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... View More
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answered on Sep 13, 2020
Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct... View More
I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... View More
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answered on Sep 13, 2020
Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than... View More
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answered on Sep 10, 2020
If he is on the birth certificate - you both have equal rights to the child unless you have agreed otherwise in a valid enforceable agreement or a court order says otherwise.
Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... View More
answered on Sep 10, 2020
If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.
A judge isn't going to care about... View More
im 17, live in north carolina, and ran away from home. My mom wants me to come back and i know she cant do anything to get me but i was wondering if she could get my friends parents in trouble for letting me stay with them. i read something about "harboring" but i dont know if this is... View More
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answered on Sep 9, 2020
You are still a child (at least until you turn 18) so your parents certainly can do something to make you return home. As to your friends parents getting into trouble, it is not likely but certainly possible as they are likely committing several crimes such as contributing to the delinquency of a... View More
She said I had until 3/4/2020 to get it done and the facility was only doing testing for covid that day also her coworker was out for covid positive and she couldn’t sanitize until the end of the day
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answered on Sep 9, 2020
You have not asked a question. If you are asking what you can do about the statements you made, the sad fact of the matter is you likely can not do anything except hire an attorney and even that likely will not accomplish anything. In my experience, DSS simply does what ever they want pretty much... View More
My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... View More
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answered on Sep 8, 2020
Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... View More
My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?
answered on Sep 4, 2020
I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.
Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... View More
answered on Sep 3, 2020
I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.
I highly doubt that a motion to dismiss or a... View More
-dad adopted child
-child has no legal mother
-dad dies with no will
- daughter becomes executor
- other family member petitions the court to become guardian
Who legally becomes guardian of a minor child and their assets?
answered on Sep 3, 2020
Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... View More
Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?
answered on Aug 28, 2020
Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have... View More
answered on Aug 27, 2020
Yes, your son is not required to take ownership of the timeshare. I recommend speaking with a local attorney on how to do this.
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