Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law and Probate for North Carolina on
Q: In NC can I have my spouse removed from deceased grandfathers Land

I had to leave because he wouldn't an I am hier to the land but my husband says he is entitled to half we are not devorced

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2020

You didn't have to leave (and likely should not have unless there was physical danger) you could have attempted to force him out by filing a Divorce from Bed and Board. That is likely still an option so you should consult with a local family law attorney ASAP. And BTW your spouse is likely... View More

1 Answer | Asked in Family Law, Child Support and Juvenile Law for North Carolina on
Q: Is it illegal for a 15 year old in NC to leave home without parent consent?

By leave home I mean go to a friends house and be back by state curfew.

Melissa Averett
Melissa Averett
answered on Apr 10, 2020

It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am having to pay child support for 2 kids that's not my biological kids there in north Carolina and im in Indiana

I have no way to get to north Carolina to petion the court is there anything I can do online

Adam Bull
Adam Bull
answered on Apr 9, 2020

Where in NC? you can hire an attorney in NC in the locale of the case and they can file the motion to suspend or terminate support. You would need documentation that you are not the biological parent and even with that there may be issues that bar you from raising paternity as a defense if you... View More

2 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: My 17 year old daughter thinks that she can hang out with who she wants and stay where she wants to live. I disagree

She thinks she can stay with her dad who is a immigrant. She thinks she can go to whatever school she wants and does not have to follow my rules.

Adam Bull
Adam Bull
answered on Apr 5, 2020

She is still a minor under NC law, unless she has filed a petition to emancipate herself, which is difficult to prove and she would have to show she can provide for herself without assistance, has employment, and a place to live, and is not merely a recalcitrant teenager.

At 18 she will...
View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I’m looking for insight to obtaining custody of my child

My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2020

You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... View More

1 Answer | Asked in Family Law for North Carolina on
Q: My son is 18 and dosen't follow our rules. Can I kick him out?

My son is 18 and dosen't follow our rules. He is a senior in high school but doesn't go on a regular basis, so he most likely will not be graduating. He disappears for days at a time and won't communicate with me when I try to reach him. I've been having a lot of problems with... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2020

Yes. You have zero obligation to continue to enable him after he is 18. Feel free to put him out on his own.

1 Answer | Asked in Family Law for North Carolina on
Q: I'm dating a 17 year old and I'm 13. We are in a LDR and nothing sexual is being talked about. Is it ok for us to date?
Adam Bull
Adam Bull
answered on Mar 30, 2020

Your are flirting with a problem, no pun intended. It's ok to be friends, but you should draw the line there. It's a ldr as you pointed out. I'd start looking around for someone closer geographically and age wise before progressing too far. Your young and I'm sure have many... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have an open case against my son's mother in Cleveland County North Carolina she has taken my son and left the County

I am the one who opened the case against her do she have the right to move from one County to another County without letting DSS or myself know in the state of North Carolina

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2020

Unless ordered by the court to do so a person generally has no obligation to get permission from or tell others that or where are moving. In fact, sometimes the purpose of the move is so that others don't know.

1 Answer | Asked in Family Law for North Carolina on
Q: I'm getting married in a different county than i live in which county do i get a marriage license and can i turn it in?

Or does the officiant have to turn it in because he is out of county too

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2020

If you and your potential spouse are eligible, you can get a marriage license in any county at the local register of Deeds office and use it in any North Carolina county within 60 days of it being issued. The officiant must sign it and turn it in within 10 days of the ceremony where it was issued.... View More

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Hi My son is 14 and got his 15 yo girlfriend pregnant- what are his rights- should I hire an attorney-
Adam Bull
Adam Bull
answered on Mar 18, 2020

yes, and as a minor he will need to have a guardian ad litem appointed as he cannot contract for himself. usually that would be you as his parent.

1 Answer | Asked in Family Law for North Carolina on
Q: Can a 16 year old decide to not visit noncustodial parent even if it is court ordered?

My son will be living with me starting in Aug. His father wants every weekend and my son is opposed to it. He doesn't want to go back at all. Can he refuse to go?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2020

He can refuse in the sense that a child can refuse to clean his room at which point you make the child comply. Unless you have legitimate safety concerns (which you very likely do not) the child should visit with the father and you as the mother should encourage that despite your personal feelings.

1 Answer | Asked in Family Law for North Carolina on
Q: Me and my wife is getting separated in NC

No separation papers are filed, as you dont need any in this state. She is moving out to another home. We both own the home. Can I legally change the locks and stop her from entering the home I am living in?.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2020

Sure, you can change the locks but it may not stop her. And there is a difference between 'needing' something in the sense of it being required and whether something is a good idea or not. If you own a house together, having a separation agreement done is the easiest and least expensive... View More

1 Answer | Asked in Child Support, Family Law and Health Care Law for North Carolina on
Q: Ex is needing to get Medicaid for hospital bills, and they are making her take out child support

We recently got divorced last month, we are on great terms, Co-parent great together 50/50 joint custody. At the time of separation we agreed no child support was needed as I take care of everything for our child that he needs, no matter what. She is 100% okay with this, now, last year she had some... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2020

You are going to pay guidelines regardless, so whether the state calculates it or you pay an attorney to prepare a written agreement is essentially the different between 6 and a half dozen. There are several ways to handle this. Likely the easiest is to simply let the child support money be used... View More

1 Answer | Asked in Family Law for North Carolina on
Q: How do I make sure she has to uphold the original agreement?

I am a week away from getting divorced. We have an agreement about post separation support as well as me paying for all of her bills until the divorce was final. Now she wants to ask for alimony and pretend the agreement didn't happen because a lawyer told her that it is seen as a gift rather... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2020

Everything depends on the terms of the original agreement. The the agreement was properly drafted and execute you should have no problem - if it wasn't expect to potentially take a pinch to your wallet. How do you know if the original agreement is good. Have it reviewed by an attorney.... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I want to live with my dad. Can I?

My dad entered my life when I was 13. We currently have been talking without my mothers permission. He is a recovering drug addict and a felon. I dont want to live with my mom anymore. I'm tired of being yelled at and mistreated. Will a judge allow me to live with my dad?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2020

Likely not. If you are tired of being yelled at and mistreated. perhaps you should consider changing your behavior that results in you getting yelled at and mistreated instead of entertaining the likely incredibly bad idea of going to live with a recovering drug addict and felon who just entered... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Separation and House

Me and my wife are about to separate in NC that requires 1 year separation before divorce can be final. She went and saw a lawyer, and in this state you dont need separation papers. She in moving out. She says I can keep the house for now and we discuss it in 6 months if we sell it or I buy my... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2020

I assume you want to limit yourself to just your legal options of stopping her. If so, no you can not stop her from trying but you may be able to stop her from winning if you do I what I told you to do in a prior question and that is go consult with a local family law attorney. Think of it this... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for North Carolina on
Q: I need a good child custody lawyer who is willing to fight using facts against local DSS's deceit and lies...

I live in Wilkes County, North Carolina. The case is also in Wilkes. I will discuss what the case is about in detail upon finding the lawyer I need but it involves a whole lot of hearsay over actual facts. There have been a ridiculous 6 or 7 calls made to DSS, all questionable and none were... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2020

Your big mistake was cooperating with DSS. The time to have hired an attorney was prior to making that very bad decision. However, you still need an attorney and ASAP but you need a local attorney. So your best bet is to shop around locally - most of the attorneys here will not be able to assist... View More

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Q: so i have been wondering i am 16 may 24th 2003 i want to move out of my parents house because i dont feel happy or safe

we want to make sure its legal and that i can move out tonight because i dont wanna be brought back i think if i stay there i will finally become happier do more things and more.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2020

If you were 16 on May 24, 2003 that means you are like 32 - so yeah, get outta yer moms house.

1 Answer | Asked in Family Law for North Carolina on
Q: Can you provide a form RC 1303.03 for me to use in Domestic Support case in Ohio
Adam Bull
Adam Bull
answered on Feb 11, 2020

NO, you will need to contact an attorney who is licensed in the state where the action is pending.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.