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North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: How do I change the venue of a civil case? I need to move the case from one county to another within North Carolina.
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answered on Aug 23, 2020

Doing your own legal work when you are not an attorney is the functional equivalent of attempting to rebuild your car's transmission if you are not a mechanic. So your best bet would be to hire an attorney. Essentially, you file, calendar and serve a Motion to Change Venue then appear at the... View More

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: What form in N.C. do I use for dissolution of an adult adoption?

We adopted an adult woman and things changed drastically. We have not seen her for years, nor heard from her. We do not want our estate to be shared with her. What form in N.C. is used to file for dissolution?

**edit** that is not our preference. We prefer that she not be able to try and... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 21, 2020

Ignoring the specific question, why wouldn't you just change your will to specify that this person is no longer to share in your estate?

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 18, 2020

This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.

The property that needs to...
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1 Answer | Asked in Family Law for North Carolina on
Q: If my former friends daughter leaves home at 15 in the state of nc can she make her come home she turns 16 december 4?

The little girl broke it off with her boyfriend because he started hitting on her, her mom turned around and punished the little girl for breaking up with the boy and has in the past beat on the little girl and told her it was her fault that she had gotten pregnant with her little sisters and told... View More

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answered on Aug 14, 2020

Turning 16 is irrelevant. A parent can make a child do pretty much whatever they want until the child turns 18 or a court says otherwise. In my experience, DSS loves nothing more than stepping in and taking children and generally making a mess out of everything for everyone involved. So if they... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: I pay child support through dss but would like to have my child living with me. She is 14 and has been with me since Feb

Her father and i have never had any kind of custody order drawn up. What steps do I need to take?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 13, 2020

The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Can I be forced to pay child support in NC for a child that's not mine but my name is on the birth certificate?

My ex told me after we broke up that she was pregnant and that her unborn child was mine and that there was absolutely no one else who could be the child's father. I took her at her word and when the child was born, I signed the birth certificate. We never got back together but I would see the... View More

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answered on Aug 5, 2020

The short answer is - yes. If you don't want to be on the hook for child support, you will need to take steps to have paternity determined and to have child support stopped if it has been court ordered. Your best bet is likely to consult with a local family law attorney who can review you... View More

1 Answer | Asked in Divorce, Family Law and Personal Injury for North Carolina on
Q: i'm 16 this woman plans to get married to my step dad refuse to even let me speak with him shes never met me what do i

she has also been threatening my step fathers sister and is going to court aug 7th but i wanna know what can i do cause my mom and him are not officially divorced shes highly controlling a liar.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 3, 2020

I'm afraid I can't help you very well as I don't understand the various relationships and don't think I comprehend what you are asking. That said, you are unfortunately only 16 and don't seem to have a lot of legal options at this point. Perhaps things would be different... View More

1 Answer | Asked in Family Law for North Carolina on
Q: I will like to understand marital financial rights?

My husband seem to be controlling about finances, his the only one that works, while I take care of out three small children.

He hides all his information, ignores me when I remind him about some of my bills and seem like he wants me to beg him, including to be intimate.

I... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 2, 2020

Not sure I can answer this question very well, but I'll do my best. You have the right to seek information about any jointly owned accounts from the financial institution itself. So the extent you have a joint bank account, you can go to the bank in question and get statements and... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Father buys a house 5 years ago. Recently refinanced and adds girlfriend to loan unsure if on title too.

Father passes away. He has 2 adult children. Their is NO will. Who gets his property and the equity in the house? Do children have a right to make girlfriend leave?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 1, 2020

I will first disclaim that I am only answering the question as it pertains to NC (not Illinois). The first thing to check is whether the girlfriend is on the deed itself. You can check this at the relevant Register of Deeds office. If her name is on the deed, she has some interest in the house.... View More

1 Answer | Asked in Family Law for North Carolina on
Q: My deceased Grandmother has a house left in heirs she has 9 children in total what happens to the house?

My mother moved in the house and been paying the house taxes by herself every since my grandmother passed away the deed to the house is still in my deceased grandmother name what rights do my mother has or can take towards this situation and I also want to know if something would happen to my mom... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 1, 2020

The answer to this question is somewhat tricky and not something I can fully answer without more facts. If the grandmother had a will, the house would pass according to whatever terms the will set forth for the real property. If the grandmother did not have a will, the property would pass as set... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Does dSS have a right to keep you from your child and you didn’t do anything the charge is depemdacy

I was looked up for 8 months and now that I’m out they don’t want to give me my daughter back

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answered on Jul 27, 2020

The short answer is - yes. You will likely need to consult with a local family law attorney if you want to try and force them to turn your daughter over to you. Even with an attorney that is likely an expensive uphill fight and your odds of success are not good even. Your only other option is to... View More

1 Answer | Asked in Family Law for North Carolina on
Q: im 16 in nc am i allowed to leave the house to see friends when my mom says no?

i lived with my dad before and was doing good but my mom wont let me leave the house or see friends or do anything. theres times when im not allowed to go outside for a week or more. am i allowed to leave or can she just call the cops to get me back at home?

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answered on Jul 27, 2020

Of course not - you are a child you are supposed to do what your parents tell you to do. And your parents do not need cops to make you do what they tell you to do or to punish you for either doing something they told you not to do or not doing something they told you to do. In less than 2 years... View More

1 Answer | Asked in Family Law for North Carolina on
Q: What is the risk of deciding custody in arbitration?

I'm indirectly involved in my sister's custody dispute during a divorce.

It seems like her husband wants to resolve things once and for all and is negotiating very hard to resolve all the divorce matters, including custody in mediation-arbitration (mediation that turns to... View More

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answered on Jul 17, 2020

Assuming this is in NC, if you aren't one of the parents - you aren't involved and mediation is a requirement so she doesn't have a choice. If this isn't in NC - your question is in the wrong place. Regardless, your description makes her husband seem like the one who has the... View More

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: 14 and pregnant being kick out?

My friend is 14 and pregnant shes cant tell her parents because theyll kick her out like they did to her older sister a few years ago and i dont know how to help

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answered on Jul 16, 2020

Parents are obligated to support their children and are not allowed to unilaterally 'kick them out' without risking being charged criminally. All the 14 year old would need to do is call local law enforcement or DSS if the parents attempt to kick her out and that will put a stop to that.... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Can a 16 year old in North Carolina leave her mothers home to go live with her grandparents?

My soon to be 16 yr old niece doesn’t want to live in her verbally sometimes physically abusive home with her mom and her family anymore. She has 2 little brothers that will surely catch her wrath when my niece leaves but they’re only 15 and 8 right now. My niece wants to live with her... View More

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answered on Jul 14, 2020

The short answer is yes, as a child she can be made to go back home. She will not be able to unilaterally make decisions for herself until she is 18.

2 Answers | Asked in Family Law for North Carolina on
Q: After 9 years of divorce settlement in NC, can ex husband carry you back for your 401k?

I agreed to him paying no child support only paying 1/2 medical expenses that my insurance did not pay. He did not pay his half of the braces that cost 5000.00 stuck me paying his half and my half. So I took him back for child support through DSS. They have been extremely slow in getting him to... View More

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answered on Jul 13, 2020

If you are divorced and the 401(k) issue was not brought up, he will be barred from getting any of it now. If the 401(k) issue was resolved in the divorce, he will likely be held to that resolution.

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1 Answer | Asked in Family Law for North Carolina on
Q: My niece acquired guardianship for my father and I want to contest it.

Last year, I was told that my 25-year old niece somehow acquired legal guardianship for my father who 87 years old and is in a nursing home. She will not allow me to visit him and won't tell me why. She will not answer phone calls, and my letter to her was not answered. I have never had... View More

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answered on Jul 12, 2020

I hardly see how she could prevent you from seeing your father unless she simply won't tell you where he is and if you don't know where he is, that is likely a big part of the reason why she is the guardian and not you. While you are in North Carolina, you should likely consult with a... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter is 17 and wants to go live with her stepmother instead of either of us her parents, what are our rights?

Both of us are fit parents, father in the military and I am remarried and work a good job. Her father and stepmother are divorcing after having lived in Germany since she was 8yrs old. They returned recently and her father dropped her off with me in NC and headed off to his next duty station in... View More

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answered on Jul 11, 2020

As a parent, what makes your child 'happy' should be irrelevant to you or at least be a very secondary concern to what is best for her. At 17 she is a child and children by definition are not competent to determine what is best for them - that is your job. So determine what is best for... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I’m a16 year old mother, I have a job and another safe place to go at the moment I’m living with my dad

It’s not a good situation we don’t get a long and he doesn’t want to help me get to work so I can start supporting my family and getting my life together the place I can go to will help me can I just take my kid and go what are my rights

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answered on Jul 4, 2020

You are a child and won't be able to freely decide (or at least as freely as any one in society can) the course of your life until you are 18 or emancipated. So assuming you want to limit your current options to your legal options (which is what someone with a family of their own ought to... View More

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