Get free answers to your Family Law legal questions from lawyers in your area.
I have custody and my exwife violates the court order constantly
answered on Apr 5, 2023
When registration papers are filed to register a foreign order, the only issue the new state will usually deal with is whether or not to register the order. Meanwhile, the other state still has jurisdiction over the order until the new state decides that the "foreign" order is now a... View More 
I was legally separated for 2 years when my child was born and she is not my ex husbands child. They did not put my ex name on the birth cert but now in order to add her father I need a court order
answered on Apr 2, 2023
You can file a case in the county where your daughter resides. The biological father will likely need to take a paternity test. If he refuses, the court can order him to.
Once you've satisfied all the court's requirements, the court will declare that the biological father is your... View More
Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and... View More
answered on Apr 2, 2023
In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.
As for... View More
answered on Apr 1, 2023
In North Carolina, visitation is considered a type of custody. Anyone who believes they have or should have the right to visitation may sue for custody. Usually, a custody lawsuit must be in the county where the child resides. Like any type of lawsuit, there is special language that needs to be in... View More
We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More
answered on Mar 31, 2023
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... View More
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
I am sorry for your loss.
The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do... View More
answered on Jan 18, 2023
According to statute in North Carolina any adult may file to adopt a child. If you want to adopt a child the clerk or judge dealing with special proceeding actions will Order a Home Study. The home study will include the following:
physical and mental health, financial information, the... View More
I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!
answered on Jan 17, 2023
You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass,... View More
Had custody case got 5050. Unsure never got a final copy and has been 4 years. Problems have persistent need to go back feel like right have been violated with the case need help going back
answered on Jan 12, 2023
First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,... View More
Wife discovered she is gay. She has a girlfriend and wants to divorce. We have three kids. I understand and am fine paying the child support. However, am I obligated to pay spousal support?
answered on Jan 6, 2023
It all depends on a lot of factors. Based on the facts you've given, the answer is not a definite YES or NO. Consult with an experienced family law attorney, so they can ask you a series of questions, and based on your answers, more questions, and based on your answers, you can get a more... View More
He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... View More
answered on Oct 11, 2022
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... View More
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answered on Oct 3, 2022
Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.
answered on Sep 20, 2022
Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is... View More
All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?
answered on Sep 19, 2022
I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.
Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your... View More
answered on Jul 25, 2022
A great place to start is with the North Carolina Bar Association Lawyer Referral Service. LRS member lawyers make themselves available for a one-time meeting at a reduced rate, charging a fee of no more than $50 for an initial 30-minute consultation.... View More
I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... View More
answered on May 25, 2022
No, there really isn't.
The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support... View More
I believe she is either severely depressed or has the beginnings of dementia
answered on May 11, 2022
If you think that your mother can no longer care for herself, then you need to file for guardianship of your mother. This is not a simple process and I would encourage you to get the help of a local attorney.
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answered on Apr 29, 2022
Hire a NC attorney to search the title. It is very possible that both of you owned as Tenants In Common, such that her issue take her one/half interest as Heirs.
Just before my father passed, he and I set up a savings account online with me as a joint owner.
We neglected to add me on the checking account.
The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... View More
answered on Apr 18, 2022
The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... View More
My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... View More
answered on Apr 14, 2022
There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... View More
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