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North Carolina Family Law Questions & Answers
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... View 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
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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... View 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?
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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

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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... View 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... View More

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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... View 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... View 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?

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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
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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.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can I go back to court to undo a divorce agreement that I had with my ex husband?

My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... View More

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answered on Jan 4, 2021

It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your... View More

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for North Carolina on
Q: Paternity established in virginia, child lives in maryland, 17, He may not be my biological child. Maryland? or Virgina

My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... View More

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answered on Dec 27, 2020

The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... View More

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What can I do if my childs father refuses to bring me my daughter back to me if neither of us got custody

We dont have no court order in place

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answered on Dec 7, 2020

If things are the way you describe them and he is on the birth certificate, then he has as much right to the child as you do. Unless there is a Court Order or a binding agreement in place to the contrary, he has no legal obligation to return the child. If you want the child back and he is... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my... View More

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answered on Dec 1, 2020

Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can the custodial parent take away visitation if you’re behind on child support?

Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.

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

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Basically want to know if this is worth going to court for ?

I’m a step father of two wonderful boys , I don’t get into my wife child support issues , she’s had a few but Ive always stayed out of it . I do know she get 1k a month in support and he pays for the children health insurance here in NC. He claims one and she claims the other and both live... View More

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answered on Nov 30, 2020

You as a step-father essentially have no standing or say regarding whether to go to court. All you can really do is express your opinion to your spouse about what decision she should make. That said, the amount of child support owed is calculated on simple child support guidelines based on your... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: I’m 17 years old I live in a group home and I am in DSS coustody can they move me outta state without my consent

Also can they move me when I’m about to be 18 in less than 8 months

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answered on Nov 27, 2020

The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... View More

1 Answer | Asked in Family Law for North Carolina on
Q: If my mom calls the social worker and they take me with my mother's consent can they place me with a family friend?

The family friend is certified to become a foster parent does that affect the situation?

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answered on Nov 25, 2020

That call your mother made was likely a huge mistake. Once DSS gets their hooks into your family business - they are the ones pretty much calling all the shots and very often not even an attorney can fix things. It is possible they could place you with the family friend but ultimately it is their... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I am 17 yrs old & I want to move out. I live in Thomasville NC. Can I leave without parental permission?

I am 17 and I’m tired of my living situation. I have previous work history and I have experience with paying bills. I pay my phone bill every month and 1/3 of our rent. I have my own car as well. I also buy my own clothes, hygiene needs, and food. Basically what I’m saying is I know how to take... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Nov 25, 2020

Highly unlikely that your aunt would get in trouble if you went to stay with her. What would potentially happen is that law enforcement personal could come to her house and direct you to return to your Mom's residence. As long as you did so, it is hard to imagine any sort of negative... View More

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: If there's a court order can a parent deny visitation because she's worried about covid?

Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.

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answered on Nov 23, 2020

Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other... View More

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