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My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More 
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answered on Jan 3, 2024
In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More
To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.
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answered on Jan 2, 2024
If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More
My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?
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answered on Dec 25, 2023
If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.
In this situation, it's advisable to... View More
answered on Nov 19, 2024
A North Carolina attorney could advise best, but your question remains open for three weeks. Yes, there are many of them. By now, you've probably already been searching on your own. You could supplement your efforts with the "Find a Lawyer" tab above, as well as the attorney referral... View More
He purchased a house but did not place my name in deed. What are my rights? I have lived in another state and my kids and I didn’t move until about 1-2 yrs after his house purchase.. What is your advice?
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answered on Oct 31, 2024
In North Carolina, debts accumulated during your marriage are generally considered joint responsibilities, even if only your husband’s name is on them. This means you might be held accountable for these debts during and after your divorce. However, if the debt was for his personal expenses and... View More
The first hearing for temporary custody lawsuit I signed a little paper saying 'Parenting Agreement' in which their lawyer presented as a minimum visitation schedule (which was more than it had been) and twice weekly telephone calls, including allowing them temporary custody. I assumed... View More
answered on Oct 15, 2024
In North Carolina, only parents have a right to custody of their children. This means that if a non-parent goes to court to get custody of your child, the judge will give the parent priority. However, the judge may give custody rights to the non-parent if the judge decides you are unfit or not... View More
My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More
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answered on Sep 12, 2024
Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More
Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More
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answered on Aug 31, 2024
It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More
I am 17 and looking to move out. I have a job and a way to get to my work. I have somone who would provide a place for me to live. I would go to school in the district in which the house is. I already pay for most of my things, so that would not be a big change. As I live in NC, the law says I can... View More
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answered on Jul 27, 2024
Moving out at 17 can be challenging, especially if you want to avoid legal complications. In North Carolina, the law states that you need to be emancipated through a court process to live independently without parental consent. If you just leave and your parents report you as missing, the police... View More
answered on May 7, 2024
From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.
I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More
answered on Apr 20, 2024
It isn't possible to answer with any degree of specificity why you were not granted guardianship without seeing the court file. This is a situation where you need to schedule an appointment with an attorney with the paperwork you have.
The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)
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answered on Apr 9, 2024
You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the
Court until he claims it, and withdraws it by Order of the Court.
He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More
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answered on Mar 19, 2024
Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.
Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More
answered on Feb 12, 2024
I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.
I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?
answered on Jan 30, 2024
You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.
We are divorced 2 years. Can the divorce be overturned?
answered on Nov 13, 2023
No, but if you mean that he died while the division of your assets were still being worked out means that you filed for equitable distribution and that was still a live claim that was incomplete when he passed, then the personal representative of the estate should be able to continue see that... View More
Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.
answered on Oct 19, 2023
All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.
I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become... View More
answered on Oct 19, 2023
Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are... View More
I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust
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answered on Oct 10, 2023
In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship... View More
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