Get free answers to your Family Law legal questions from lawyers in your area.
My children falsely accused my current husband of abuse. All criminal charges against him were dropped. Now the intervenor said she will not give my kids back without a fight. I had no case against me but yet the court still placed them with the intervenor because I knew the allegations against him... View More 
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answered on Nov 18, 2020
You are simply not competent to fight the legal aspect of this fight and will need to retain a family law attorney in the county in North Carolina that the case is in. You consistently refer to the person who currently has custody as the 'intervenor' - odds are it is your mother (or... View More
I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?
answered on Nov 17, 2020
If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.
Of... View More
I need advice on setting up visitation with my children as we are separated. He is threatening to leave the state with my children and file for custody.
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answered on Nov 16, 2020
You likely need a formal written Separation Agreement that resolves your marital issues while you are separated including child related issues such as custody, visitation and support. This can be done for a relatively affordable flat rate fee of around $250 for most average couples. As to whether... View More
No assets, ex wife , never divorced
answered on Nov 16, 2020
Speak to a local attorney before signing papers, since you were still legally married you may be giving up certain rights if you sign the papers.
Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... View More
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answered on Nov 14, 2020
It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If... View More
Nun of my parents have custody over me but I want to move in with my mom but my dads telling me no what do I do could I just move in with my mom and I live in North Carolina
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answered on Nov 12, 2020
At 16 you are still a child and technically are not competent to make decisions like that. However, realistically as long as no one makes a stink about it yes, you could in essence choose. Even if someone were to make a stink and it did go to court, at 16, most Judges would like to at least know... View More
I also have a child from a previous marriage that I care for and we have a new baby together. (3 kids total) He has been consistently paying $600 a month for 5 years. His ex wife now wants to increase the amount because he is remarried to me and wants my income taken into consideration to increase... View More
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answered on Nov 11, 2020
What the ex wants and what she will get are two different things. Your income does not factor into the calculations for his child support and your income is not a basis for modification (if everything else has remained the same). However, your new baby together may possible lower his obligation... View More
At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... View More
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answered on Nov 11, 2020
Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... View More
Now threatening to take the video/audio to court to say that I am threatening the safety of her children even though the argument was away from the children and between him and I. how do we handle this If she does try to use the clip in court ?
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answered on Nov 10, 2020
The best way to handle it was to not have let your boyfriends ex anywhere near you or your property especially with time and opportunity for her to record an argument. However, since that ship has sailed, how you handle it will depend on 1) if she follows through with her threat or not -... View More
I do have a Dss history my children were in custody at a foster home for 3 years I regained custody of the younger child 10/2017 however the older child aged out in foster care In June of 2017!. I have been sober since 7/7/2016. The minor is a transgender male and I have some nothing but be... View More
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answered on Nov 10, 2020
If you have custody, it is likely kidnapping - call local law enforcement and have the older sibling arrested. If law enforcement refuses to assist by calling it a 'civil matter' you will need to retain an attorney. Best of luck.
Found out Judge was on previous case 5 years prior to this one and is familiar with defendant. Has shown obvious bias and unethical procedures in case so far in domestic case where spouse is dependent, disabled, and has no income except disability. Judge favored spouse that was the predominant... View More
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answered on Nov 9, 2020
You really can't change venue now that the order has been issued and the case likely concluded. The time to have requested a change of venue would have been before the case was heard. Likely the best option would be a Rule 60 (b) motion and then look into possible remedies for recusing the... View More
Family
answered on Nov 9, 2020
It is a somewhat complex analysis depending on the particular facts of the case, but the simple answer is that the claims of a parent is going to defeat the claims of a non-parent. That doesn't mean that all the involved parties can't agree to a schedule that gives grandma (or whoever)... View More
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answered on Nov 8, 2020
Appealing a judgment (assuming an appeal is even an option in your situation) is usually a simple form you submit to the clerk's office but you have a very short window of time to do it in. Of course, how to appeal is not what you really need to know (and if it is, your odds of successfully... View More
rented another house in just his name and I want to sign our current lease in my name. Does he have any rights to the rental because we are married i.e his family comes on property and I don't want them there, or he comes on property and I don't want him there.
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answered on Nov 6, 2020
If the lease is put in just your name, you would control who can and can not come on to the property. Also, in a separation situation and under certain circumstances North Carolina's Domestic Criminal Trespass law may apply to yur spouse. Here is the statute: § 14-134.3. Domestic criminal... View More
Examples being custody arrangements for kids, money given towards supporting the children.
*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*
answered on Nov 6, 2020
They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... View More
I need to know how to fight a 50 c that was took out on lies
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answered on Nov 6, 2020
This is the functional equivalent of asking us to teach you how to rebuild your car's transmission if you aren't a mechanic. There is simply too much information to covey in a forum like this. Your best bet is to consult with a local attorney. That said, in essence a 50 (c) usually... View More
answered on Nov 4, 2020
I'm doubtful they handle this type of matter, but their information is here:
https://www.legalaidnc.org/about-us/offices/high-country
43 years of marriage. Divorce granted. Need to find a Legal aid lawyer to help her with dividing up the assets. They have a court date for nov 30th. Calendar call is on nov 18th via internet to see if the 30th is a good date. Where should she go from here?
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answered on Nov 4, 2020
If the divorce has already been granted - the time for having the court to divide property and assets is over. When she was served, she should have filed an Answer and Counter Claim for equitable distribution and any other claims she may have had. If she did not and the divorce was granted - most... View More
Our 18 yeard old son left the house due to a breakdown in the relationship and his inability to follow household rules. When I called to remove him from our car insurance i am being told we must provide new proff of address and verification he is covered under a different policy. We have no way of... View More
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answered on Nov 3, 2020
An easier option would be to look into simply canceling the policy and get a new one with a new company without your son on it. As to removing him as a resident, if he no longer physically lives there - he is as 'not a resident' as he ever will be. Also there is no NC law that requires... View More
And has broken agreements multiple times
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answered on Nov 3, 2020
If she is breaking agreements then you likely need a court order. Violate a court order and the punishment aspect can be a lot more severe. As to child support, that is a simple guideline formula based on incomes and it is difficult to deviate from what the guidelines say. Your best bet is to... View More
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