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North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law for North Carolina on
Q: If my husband leaves his residence for health reasons can I stay?
Amanda Bowden Johnson
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answered on Feb 9, 2020

I am going to assume you are currently separated and living in separate residences now (otherwise your question makes no sense) and you want to know if you can just waltz back up into your husband's house if he leaves. If you ask him and he allows it, then you are good to go otherwise you may... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I'm pregnant and got divorced then remarried a week later. Who's name will be on the birth certificate?

I divorced my ex, and married my child's biological father. Just wanna know if my current husband (bio dad.) Or previous husband will be listed as father. The laws are pretty vague and confusing.

Adam Bull
Adam Bull
answered on Feb 6, 2020

The biological father. Get a paternity test, then have the father file an action to legitimate the child.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I can count on1 hand how many times I see my kid and I pay child support. Mother moved her way to alaska.What can I do

She has moved her from north Carolina to Texas and now way to alaska. I miss my kid and hate I only can see her through a phone screen! Please help me out because I do not know what to do.

Amanda Bowden Johnson
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answered on Feb 6, 2020

You need to hire a attorney.

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: Currently going through divorce and pregnant. How can my child's biological father be on the birth certificate?

I'm currently filing for divorce. I've been separated for 2 years, with a new boyfriend and my boyfriend and I are having a baby. How can we get my boyfriends name to be put on the birth certificate instead of my husbands? Do we sign the affidavit at the hospital or do we have to file... View More

Adam Bull
Adam Bull
answered on Feb 5, 2020

First there is a presumption that your husband is the father until you are divorced. Second, your boyfriend will have to file an action to legitimate child once born. If you are not divorced at that time you will have to notify your husband.

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1 Answer | Asked in Family Law for North Carolina on
Q: I’m 16 and I was wondering about emancipation of a minor and what all you have to do and the requirements of this

. I would like to get emancipated because I’m currently pregnant and I don’t want to live here once my baby gets here because I don’t have room in the house for me and my son my room is way to small for the both of us and we don’t have anywhere else for him or me and my family i live with... View More

Amanda Bowden Johnson
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answered on Feb 1, 2020

You essentially have to prove to a Judge's satisfaction that you have the financial means and maturity to handle adult life and to provide for yourself. Based on the content of your question, this is likely not something you can do.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the

Time. My step mom is either passed out high or when... View More

Adam Bull
Adam Bull
answered on Jan 28, 2020

Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:

1) report the activity to your school counselor and resource office.

2) call the Department of...
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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get my child's mother to let me take a DNA

She is now denying me DNA testing because I only want a relationship with my newborn an not her.

Amanda Bowden Johnson
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answered on Jan 28, 2020

The mother can only do this if you allow it. Simply go hire an attorney and force her to comply with DNA testing. Of course, if the child is yours this will put you on the hook for likely at least 18 years of child support along with the grief and expense of fighting with her over visitation or... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Question about family law and drug tests

Dad has an order in place that says he can ask for a drug test of mom and the boyfriend at any time. Dad has to pay for it. If they fail the test, they have to pay dad back. However, we can't get a straight answer from our lawyer about if they refuse to take it. Is failure to take a test... View More

Amanda Bowden Johnson
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answered on Jan 24, 2020

If the Order was made properly it will say what is to happen in the circumstance of refusal. However, the most common remedy would be for dad to file a motion to show cause. Typically if mom and boyfriend don't have good cause for the refusal they will be ordered to comply and likely have to... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.

Adam Bull
Adam Bull
answered on Jan 23, 2020

If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.

If she is seeking to terminate his parental rights that's another issue with many factors.

Consult a local experienced family law...
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1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care.... View More

Adam Bull
Adam Bull
answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

1 Answer | Asked in Family Law and Libel & Slander for North Carolina on
Q: Wanting to sue aunt for false promises, deformation of character, evicting my family for no valid reason. Moved from sc

She told my wife's family we were homeless which was not true. we were told to get rid of all household items, break our current lease, and for me to change jobs and kids to change schools and move 3 hrs/different states and now we were told we can not stay here and have no where to go. Need help!

Adam Bull
Adam Bull
answered on Jan 23, 2020

unfortunately the law does not provide a remedy for people acting poorly in all situations. If there was not a written lease or contract, then each party is able to change their minds at any time, just like she couldn't force you to live here.

next time, if you have any hesitation, get...
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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My boyfriend is currently locked up in jail in NC for non payment. While he was working they were taking the payments.

While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?

Adam Bull
Adam Bull
answered on Jan 23, 2020

The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that... View More

Adam Bull
Adam Bull
answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... View More

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1 Answer | Asked in Family Law for North Carolina on
Q: What if the father is following the agreement made in mediation and the child cries and cries they don’t want tl go

Also he gets threatened by his fathers wife’s mom and she has hit him before the kids barely go to their dads he pretty much just whenever he wants he is suppose to get them every other weekend and he doesn’t and when he does he picks them up on Saturdays and brings them back on Sunday but he... View More

Adam Bull
Adam Bull
answered on Jan 19, 2020

The child crying is generally not a basis to modify or withhold visits without more evidence of negative effects on the child as its not unusual for children to be upset about any change in there situation depending on their age.

Consult with an experienced family law attorney to determine...
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1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: Is it conflict of interest if judge issued a protective order is law professor at the University the petitioner attends?

Is there a conflict of interest?

Adam Bull
Adam Bull
answered on Jan 19, 2020

No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.

2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett
answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child.... View More

Amanda Bowden Johnson
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answered on Jan 16, 2020

You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

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3 Answers | Asked in Family Law for North Carolina on
Q: I just recently had a first appearance with my girlfriend of 8 years for domestic abuse. We had an argument that led to

Me harassing her via facebook. Minutes before our turn her lawyer came to me and I felt like I was entrapped by her lawyer and my family to sign an "agreement" concerning a restraining order but also I now have "supervised visitation" for both if my kids for 26hr/week... View More

Whitney Young
Whitney Young
answered on Jan 16, 2020

If you file a separate court action for child custody, and parenting agreement or order that comes out of the custody case will trump the supervised visitation in the domestic violence case. I would highly recommend you hire a local attorney to help you with that, especially since she is... View More

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2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?

No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... View More

Adam Bull
Adam Bull
answered on Jan 12, 2020

Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... View More

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can I get full custody of my unborn child?

I’m currently married. The baby is from another relationship I had. My husband and I don’t want the father involved his a risk no solid income and inconsistent living. And unsafe people around.

Amanda Bowden Johnson
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answered on Jan 7, 2020

You can't - you'd have to wait until the child is born. At that time you will have full custody and your husband will be presumed to be the father and will be on the birth certificate (if that is what you want - the other option is for the birth certificate to say 'refused' -... View More

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