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North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law, Legal Malpractice and Social Security for North Carolina on
Q: Can the mother of my children be my legal guardian and representative payee?

I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 4, 2021

Legal guardians need to be a responsible adult. If the judge is convinced the person you request is responsible and they have your interests in mind, that change should not be a problem.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
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Ben Corcoran
answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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1 Answer | Asked in Family Law, Health Care Law and Nursing Home Abuse for North Carolina on
Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to

Take care of my brother and become his conservator. How can I make this happen?

Ben Corcoran
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Ben Corcoran
answered on Feb 22, 2021

In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.

2 Answers | Asked in Real Estate Law, Divorce, Estate Planning and Family Law for North Carolina on
Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

Ben Corcoran
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Ben Corcoran
answered on Feb 19, 2021

Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.

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2 Answers | Asked in Family Law and Civil Litigation for North Carolina on
Q: My 39 year old son finally moved out but he left all of his stuff behind. Can I legally discard all of his belongings?
Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Feb 6, 2021

Yes, but there are some steps you will likely need to follow. You are likely in a bailment situation where you will be required to take reasonable care of his property for some period of time and to provide him with formal notice to make arrangements to pick it up. If so, typically 30 days is... Read more »

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2 Answers | Asked in Family Law for North Carolina on
Q: Will a judge grant my 5-month-old son visitation out-of-state if his father moved to MD permanently?

I filed for custody of our son the first week in December 2020 and 3 weeks later the father left NC and returned to MD to live with his mother. He has visited once since moving. We have mediation late March and he has informed me he will request for his visitations to be held in MD. He also said he... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 4, 2021

I dislike these types of questions as it really just calls for speculation when we don't know anything else about the parties, the case, or the judge. So any answer you receive is going to be mostly guesswork. All that said, I could see a judge ordering that the child is to have visitations... Read more »

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2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: My ex is talking of moving away with our daughter. How far away can she move without getting my consent?
Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Feb 2, 2021

Depends. Assuming there are currently no Court Orders or enforceable agreements to the contrary, the ex can pretty much move anywhere in state without your consent but doing so over your express objection would likely make her look bad if you took her to Court over it unless she has a very... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My ex husband is an E7 in the Army. We currently have joint custody of our 2 sons he has primary as of 2012. How

My youngest is 11. He is having mental health issues and openly says he NEEDS to come home. Their stepmom is treating them badly as well. Dad is refusing. Both sides of the family feel this is best. Should I call his command? Is my son old enough to represent himself?

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Feb 1, 2021

Your son is a child and will have zero say in terms of representing himself - although it is possible a Judge may want to hear from him and may give his preference some very minor consideration. Your ex's command has zero authority in this matter and they likely would not get involved in this... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Hi. When joint legal custody is in place, does giving child’s social media passwords need to be given to other parent?

I have primary physical. But a while back my child’s father said he didn’t have any passwords or anything to daughters social media accounts. At first I was like why would I give him the passwords when we usually use the same ones for my accounts? But now he’s filed a modifying the order in... Read more »

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Feb 1, 2021

Yes, if he requested them, you likely should have given them to him unless you have some compelling and legitimate reason not to and no your daughter's privacy or the fact that you share the same passwords is not a good reason. Which means you and your daughter should not share the same... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: So I’m 16 and I’m wondering if there’s anything I can do to move out legally.

I don’t think there’s quite enough cause for me to get emancipated in the eyes of the law but my mental health has been affected by my family for years. My dad “borrows” and steals money quite often & he has a substance abuse issue. He’s manipulative and narcissist. I’ve told my... Read more »

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Feb 1, 2021

The short answer is without your parents consent - no. Ironically, the fact that you understand that you likely would not qualify for emancipation means that you are quite intelligent and probably are competent to be on your own or at least very close to it. If you have a place in mind that you... Read more »

1 Answer | Asked in Family Law and Collections for North Carolina on
Q: How to renew a money judgment for back alimony in North Carolina when the defendant (debtor) is out of the country?

$50,000 plus interest judgment hits 10 year mark in 11 months. Debtor lives out of the country. Can I renew without serving them?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 1, 2021

No, "renewing" a judgment involves filing a new lawsuit. An essential part of any lawsuit is that you have to serve the defendant - regardless of whether the defendant is in the country or not. There are ways to serve someone who isn't in the country, but they can be complicated... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: What are different ways to separate from parents at age 20? Only one I can think of is emancipation
Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jan 31, 2021

You do not 'separate' from your parents - you either move out voluntarily or you get kicked out. Typically and normally you'd simply choose to get a job and / or go to college and move out of your parents house and begin your adult life on your own. You are an adult at 18 and do... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: If I decide to agree on a child support arrangement with the other parent, will my daughter still receive Medicaid?
Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jan 28, 2021

If your child is receiving Medicaid, they will typically force child support whether you want it or not and you won't get to 'agree' to an amount, it will be set according to the child support guidelines. So it should not affect the Medicaid eligibility. Best of luck.

1 Answer | Asked in Family Law for North Carolina on
Q: I have a 16 year old who no longer wants to live with there father. I have been to court several times.

Only reason the father wants our son is to keep from paying child support. I don't want it. They keep denying me but cant find me unfit

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jan 25, 2021

What the child wants is not really relevant nor is the fact that you have not be deemed to be unfit. The Court (or more specifically a Judge) makes their decision based on what they believe is best for the child under the current circumstances. You seemed to imply that you have attempted to get... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Yes, my mom has been real sick.there is 5 of us kids.no one is power of attorney.my brother told me if i dont hand over

Bank card hes going to take me to court.my mom told me to keep her bank card and pay her bills while she is in rehabilitation center and dont give it to no other family members.there is no power of attorney.can my brother take me to court to get bank card from me? They have accused me of taking my... Read more »

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jan 24, 2021

You should likely continued to follow your mother's instructions and pay her bills with the bank card and not give the bank card or any of her money to any other family members. They can go to court and attempt to be appointed as guardian but they can not take you to court in the sense of you... Read more »

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: My x just had a baby. She said the baby is mines, but she is placing it up for adoption. I do not agree. What can I do
Angela L. Haas
Angela L. Haas
answered on Jan 17, 2021

You must either file to legitimate the child, file for paternity, marry her, or support the child. Supporting the child can be done in many ways. Act quickly though, because your time to act may have already passed, depending on how far along she is in the process. Consult with a family law... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Are their any pro-bono attorneys in carteret county or craven county NC
David Allan King
David Allan King
answered on Jan 17, 2021

I'm sure there are, but attorneys do not ordinarily do pro bono work for family law issues. Those that cannot afford an attorney are usually left to the machinations of DIY and self-service options. It might be easier to point you in the right direction with more information.

1 Answer | Asked in Family Law for North Carolina on
Q: I was born in mexico and in order to get my id I need my original birth certificate how can I get it from mother when

She refuses to hand it to me

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 15, 2021

You likely can't 'force' your mother to hand you the birth certificate, but you should be able to get it directly from wherever you were born in Mexico. And I would wager that you don't need the "original" birth certificate, but merely a certified copy.

1 Answer | Asked in Family Law for North Carolina on
Q: I'm trying to get my birth certificate from my mom and I've asked her many times but she wont give it to me what can i d

Do?

Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jan 14, 2021

If you were born in North Carolina, just go get a copy yourself. The information you need is here: https://vitalrecords.nc.gov/order.htm

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm recently dealing with dss my son is going to be getting adopted out will I be able to get him back
Amanda Bowden Johnson
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Amanda Bowden Johnson
answered on Jan 13, 2021

The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.

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