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Both the father and the mother are in the picture and the mother has Primary Legal Custody of the children. One of the children (Minor), would like to change their legal last name from their father's. Is this possible to do without the consent of the father?
answered on Jun 11, 2021
Consent of both parents is required to change the name of a minor child; if there is a dispute it must be decided by the Court.
My husband and I married four years ago and bought a home/mini-farm almost two years ago. Large home on 4 acres with chickens, ducks, dogs. This Monday, without giving me any warning, he signed a lease on a new place to live, took a few things with him and left. No heads up to prepare me that I... View More 
answered on May 27, 2021
Hello,
It sounds like you may have a claim for Equitable Distribution (property division) and Spousal Support. You will have to prove that you are the dependent spouse in order to be granted spousal support, but because you have physically separated and ended the relationship you can... View More
Case filed by mother to modify custody. Agreed to Pych Evaluation. Results state I'm fine but Planiff not so we'll.
answered on May 27, 2021
Hello.
If you decide to represent yourself it is best to review the county local rules. All NC county courts have a page on the Nccourts.gov website. This is where you can locate county forms and filing deadlines.
Also, as I assume you found out, you can file the motion, however,... View More
My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly... View More
answered on Apr 15, 2021
You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property.... View More
My question is does my brother legally control all assets and funds due to my mother having dementia?
answered on Apr 13, 2021
Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.
In this case it would be my 37 year old son, who has paranoid schizophrenia. I'm sure I would need hospital records . I'm not sure how to get them without the help of an attorney
answered on Apr 8, 2021
Once you start the guardianship process, a guardian ad litem (GAL) will be appointed. They should be able to access some of these records; I highly advise that you get legal help in this matter, not just for the initial hearing but also for the subsequent duties that fall on the appointed guardian.
My father in law bought a home for my husband and I and we lived there for 14 years. My estranged husband and his father are on the deed. My name is not, although I made the payments for 9 of the 14 years I lived in the home. My father in law is trying to sell the house and needs my signature on... View More
answered on Mar 31, 2021
This is a matter for the divorce settlement, you have very limited rights under real property law. In order for the house to be sold while you are married, you must sign the deed but likely you cannot be forced to sign.
answered on Mar 17, 2021
Assuming there is no custody case that has already been filed, you would need to file for custody in the jurisdiction where the children have lived for the past six (6) months.
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answered on Mar 15, 2021
It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... View More
My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?
answered on Mar 5, 2021
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... View More
I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.
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.
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... View More
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.... View More
Take care of my brother and become his conservator. How can I make this happen?
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.
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.
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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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... View More
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... View More
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... View More
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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... View More
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?
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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... View More
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... View More
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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... View More
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... View More
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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... View More
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