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North Carolina Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Personal Injury for North Carolina on
Q: i'm 16 this woman plans to get married to my step dad refuse to even let me speak with him shes never met me what do i

she has also been threatening my step fathers sister and is going to court aug 7th but i wanna know what can i do cause my mom and him are not officially divorced shes highly controlling a liar.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 3, 2020

I'm afraid I can't help you very well as I don't understand the various relationships and don't think I comprehend what you are asking. That said, you are unfortunately only 16 and don't seem to have a lot of legal options at this point. Perhaps things would be different... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I will like to understand marital financial rights?

My husband seem to be controlling about finances, his the only one that works, while I take care of out three small children.

He hides all his information, ignores me when I remind him about some of my bills and seem like he wants me to beg him, including to be intimate.

I... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 2, 2020

Not sure I can answer this question very well, but I'll do my best. You have the right to seek information about any jointly owned accounts from the financial institution itself. So the extent you have a joint bank account, you can go to the bank in question and get statements and... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Father buys a house 5 years ago. Recently refinanced and adds girlfriend to loan unsure if on title too.

Father passes away. He has 2 adult children. Their is NO will. Who gets his property and the equity in the house? Do children have a right to make girlfriend leave?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 1, 2020

I will first disclaim that I am only answering the question as it pertains to NC (not Illinois). The first thing to check is whether the girlfriend is on the deed itself. You can check this at the relevant Register of Deeds office. If her name is on the deed, she has some interest in the house.... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: My deceased Grandmother has a house left in heirs she has 9 children in total what happens to the house?

My mother moved in the house and been paying the house taxes by herself every since my grandmother passed away the deed to the house is still in my deceased grandmother name what rights do my mother has or can take towards this situation and I also want to know if something would happen to my mom... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 1, 2020

The answer to this question is somewhat tricky and not something I can fully answer without more facts. If the grandmother had a will, the house would pass according to whatever terms the will set forth for the real property. If the grandmother did not have a will, the property would pass as set... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Does dSS have a right to keep you from your child and you didn’t do anything the charge is depemdacy

I was looked up for 8 months and now that I’m out they don’t want to give me my daughter back

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 27, 2020

The short answer is - yes. You will likely need to consult with a local family law attorney if you want to try and force them to turn your daughter over to you. Even with an attorney that is likely an expensive uphill fight and your odds of success are not good even. Your only other option is to... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: im 16 in nc am i allowed to leave the house to see friends when my mom says no?

i lived with my dad before and was doing good but my mom wont let me leave the house or see friends or do anything. theres times when im not allowed to go outside for a week or more. am i allowed to leave or can she just call the cops to get me back at home?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 27, 2020

Of course not - you are a child you are supposed to do what your parents tell you to do. And your parents do not need cops to make you do what they tell you to do or to punish you for either doing something they told you not to do or not doing something they told you to do. In less than 2 years... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: What is the risk of deciding custody in arbitration?

I'm indirectly involved in my sister's custody dispute during a divorce.

It seems like her husband wants to resolve things once and for all and is negotiating very hard to resolve all the divorce matters, including custody in mediation-arbitration (mediation that turns to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 17, 2020

Assuming this is in NC, if you aren't one of the parents - you aren't involved and mediation is a requirement so she doesn't have a choice. If this isn't in NC - your question is in the wrong place. Regardless, your description makes her husband seem like the one who has the... Read more »

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: 14 and pregnant being kick out?

My friend is 14 and pregnant shes cant tell her parents because theyll kick her out like they did to her older sister a few years ago and i dont know how to help

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 16, 2020

Parents are obligated to support their children and are not allowed to unilaterally 'kick them out' without risking being charged criminally. All the 14 year old would need to do is call local law enforcement or DSS if the parents attempt to kick her out and that will put a stop to that.... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Can a 16 year old in North Carolina leave her mothers home to go live with her grandparents?

My soon to be 16 yr old niece doesn’t want to live in her verbally sometimes physically abusive home with her mom and her family anymore. She has 2 little brothers that will surely catch her wrath when my niece leaves but they’re only 15 and 8 right now. My niece wants to live with her... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 14, 2020

The short answer is yes, as a child she can be made to go back home. She will not be able to unilaterally make decisions for herself until she is 18.

2 Answers | Asked in Family Law for North Carolina on
Q: After 9 years of divorce settlement in NC, can ex husband carry you back for your 401k?

I agreed to him paying no child support only paying 1/2 medical expenses that my insurance did not pay. He did not pay his half of the braces that cost 5000.00 stuck me paying his half and my half. So I took him back for child support through DSS. They have been extremely slow in getting him to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 13, 2020

If you are divorced and the 401(k) issue was not brought up, he will be barred from getting any of it now. If the 401(k) issue was resolved in the divorce, he will likely be held to that resolution.

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1 Answer | Asked in Family Law for North Carolina on
Q: My niece acquired guardianship for my father and I want to contest it.

Last year, I was told that my 25-year old niece somehow acquired legal guardianship for my father who 87 years old and is in a nursing home. She will not allow me to visit him and won't tell me why. She will not answer phone calls, and my letter to her was not answered. I have never had... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 12, 2020

I hardly see how she could prevent you from seeing your father unless she simply won't tell you where he is and if you don't know where he is, that is likely a big part of the reason why she is the guardian and not you. While you are in North Carolina, you should likely consult with a... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter is 17 and wants to go live with her stepmother instead of either of us her parents, what are our rights?

Both of us are fit parents, father in the military and I am remarried and work a good job. Her father and stepmother are divorcing after having lived in Germany since she was 8yrs old. They returned recently and her father dropped her off with me in NC and headed off to his next duty station in... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

As a parent, what makes your child 'happy' should be irrelevant to you or at least be a very secondary concern to what is best for her. At 17 she is a child and children by definition are not competent to determine what is best for them - that is your job. So determine what is best for... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I’m a16 year old mother, I have a job and another safe place to go at the moment I’m living with my dad

It’s not a good situation we don’t get a long and he doesn’t want to help me get to work so I can start supporting my family and getting my life together the place I can go to will help me can I just take my kid and go what are my rights

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 4, 2020

You are a child and won't be able to freely decide (or at least as freely as any one in society can) the course of your life until you are 18 or emancipated. So assuming you want to limit your current options to your legal options (which is what someone with a family of their own ought to... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: How do birth certificates work in North Carolina?

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?

Angela L. Haas
Angela L. Haas 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.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I file a motion of contempt for child custody, I'm now in another state than the courthouse?

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... Read more »

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I live in vancouver washington my daughter and ex live in nc she is 13 and called me and said she wants to live with mw

What can o do to make that happen

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I have a 15 year old nephew that doesn't want to live with his mom anymore. What can he do?

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.

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I’m 17 and my birthday is August 2 I live in NC I’m homosexual and I want to leave my parents now can I?

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?

Angela L. Haas
Angela L. Haas 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... Read more »

2 Answers | Asked in Family Law and Domestic Violence for North Carolina on
Q: If a property settlement was done when separation papers were signed but no divorce ever happened and they reconciled

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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser 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... Read more »

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