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I'll be 18 the month after my son is born and my partner of 2.5 years is 20. We are not married and would like to wait for marriage. I'm curious because I'm a minor by technicality. Will he still be allowed on the birth certificate? Will they still allow him to sign it saying our son is his child?
answered on Jul 1, 2020
Yes. He can sign the Affidavit of Parentage, and be listed on the child's birth certificate. To legitimate the child, however, he will need to adopt or marry you.
I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get... View More 
answered on Jul 1, 2020
If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for... View More
What can o do to make that happen
answered on Jun 23, 2020
First, I would find out WHY. Unless there is already a court order in WA or your daughter was born in WA, if the child has lived in NC for at least 6 months, NC would be the home state of the child, and you would need to petition the court here to modify the custody arrangement (unless your ex... View More
His mom keeps telling him all this bad stuff about his dad and calling the cops, making threats and he is tired of it. He is so unhappy when he has to go home, he acts out.
answered on Jun 23, 2020
You are caught in a very difficult situation. Based on what you've shared, it doesn't sound like you would have standing to sue for custody, and I'm assuming that his father is not apt to sue for custody. If you think he might, encourage him to at least meet with an attorney, to see... View More
I’m dating a guy and my parents are very harsh and I’m not able to see him and ridiculed daily I want to leave home now is there legal actions that could be taken against me or him?
answered on Jun 15, 2020
I'm so sorry you are having to deal with this. I hope that they are not being harsh and ridiculing you because you want to be in a relationship with him. Given that your birthday is only 6 weeks away, you may want to wait, since filing for emancipation would most likely take longer than that... View More
Reconciled in 99, 2 years after separating.....now he's spending nights with another woman. I've been back in the home I signed over to him for 10 year's. He has always cheated but now he's being mentally abusing to me, and our 15 year old granddaughter that lives with us and... View More
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answered on Jun 14, 2020
If your separation agreement and property settlement agreement were properly drafted and executed, there should be a clause that addresses what happens in the event of reconciliation. Typically that clause will state that the agreement shall remain in effect. If so, you should still have the same... View More
He has been emotionally abusive, saying negative stuff about me to our 22 year old daughter. He has been sleeping on the couch for years I keep asking him to please move I am miserable living with him. I have paid the mortgage by myself for over 11 years, he has only paid half of the mortgage... View More
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answered on Jun 13, 2020
Assuming you want to limit things to your legal options, your best bet is to simply shop around and consult with a local family law attorney regarding the possibility of filing a Divorce From Bed and Board. This is a way to essentially have the court force him to move out whether he likes it or... View More
I have a stable home and everything my child needs with his own room wardrobe toys and all. His father is keeping him from me solely on the grounds that I have a new man in my life. I dont wantto further tramatize my son more by taking off with him suddenly. Id like to go about it the proper way in... View More
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answered on May 27, 2020
Custody cases are often complex and a lot of work so you will likely be hard pressed to find an attorney willing to do it pro bono. That said, it never hurts to shop around and ask. If you can not find a pro bono attorney , you may at least be able to find an attorney willing to work with you... View More
Even if no family member owns the property on which the cemetery is located.
answered on May 24, 2020
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_65/GS_65-101.pdf
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_65/GS_65-102.pdf
Please take a look at the two links above. The second link addresses entering public or private property... View More
Do we split it 50/50 or Im I not intitled to any of it.
answered on May 23, 2020
If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.
Dss will not stop coming to my house looking for my little sister. I willing let them in to look the first time after that I would not let them back in. They then took papers out on me for "contribute to del of a minor" what should I do ? No proof of anything just hearsay. Also can they... View More
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answered on May 22, 2020
My experience with DSS workers is not good. They often seem to gleefully abuse their power based on the flimsiest of evidence or even just their own bias and prejudice. Typically speaking you should never cooperate with DSS. As to what you should do now, you could likely benefit from a... View More
Can I withhold visitation? Where is my son supposed to sleep? My daughter is 13. We know nothing about this man and the worst part is their father hasn’t even divulged that he’s moved in! Where is my 17 year old son supposed to sleep? He has autism and mentally/emotionally he’s not 17. Do... View More
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answered on May 19, 2020
More often than not, these types of concerns are more about disapproval of the ex rather than an actual legitimate concern for child safety. However, if you believe you have a legitimate concern, it is likely your best bet is to consult with a local family law attorney ASAP who can objectively... View More
This is not the first time he has violated these, all I have are text messages proving that he is using my son against me because he cant get what he wants, which is me. I have sole custody but what else can I do to get more custody? But not take away his visitation?
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answered on May 17, 2020
If someone subject to a Court Order is violating the Court Order, typically the next step is to file a Show Cause Motion. If the person has no legitimate reason for violating the Court Order, a Judge will typically take some action to correct the violation. This action could take any number of... View More
He was verbally abusive to me and the kids. That is why we all three live in North Carolina with my mother/their grandmother.
answered on May 7, 2020
You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support,... View More
We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were... View More
answered on May 5, 2020
You'll need to file a lawsuit for custody, if you want to enforce your agreement and/or get more time with them.
I am a registered nurse and work in the emergency dept. my kids have been social distancing from me to keep them safe. We live in NC. I have full sole custody of them.
answered on May 5, 2020
Generally, unless your mother has legal custody (a court order, giving her custody), she cannot keep them without your permission (that's potentially kidnapping). She must have either your permission, or the other parent's permission, to keep them. That's the legal part.
The... View More
I haven’t lived with my parents in over a year. I am still in contact with my mother, but my family has been abusive my entire life, with my father being arrested for domestic violence, (my mother dropped the charges but we had a restraining order for a few months) and my mother being in a... View More
answered on Apr 22, 2020
Short answer is: you'll need a court order. If you are almost 18 anyway, I'm not sure why you couldn't just wait until your 18th birthday to be able to make your own legal decisions. Contact an attorney to learn more about your options and the process of emancipation.
My ex and I have a son together and she and I agreed that I would pay the power bill at the house she is in in lieu of child support. She is in a house with 10 people now. I only have legal obligation to one person in that house and that’s the minor child. My question is, if I pay the full amount... View More
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answered on Apr 17, 2020
You really should just pay whatever amount of child support you are required to pay under child support guidelines and then you would not have to be concerned with these other petty issues. That would likely be a significant burden you'd no longer have to be concerned with. As to what say... View More
goes to the arrears? Thank you
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answered on Apr 17, 2020
Don't worry they will very likely take care of that for you. Likely all you will need to do is make sure you get the credit for it. Best of luck.
My parents were married but gotten a divorce , my dad had hit my brother when he was 12 a few times . In there court order it says if my brother doesn’t want to see or speak to my stepdad dad he doesn’t have to, but also it states if 1 parent is sick or deceased he has to go to that parent...... View More
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answered on Apr 16, 2020
Bad news is you likely can not do anything (at least from a legal standpoint). Good news is he only has to deal with it for less than a year. Of course, it never hurts to consult with a local family law attorney who can review your situation in detail and lay out any options you may have. Best... View More
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