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North Carolina Juvenile Law Questions & Answers

1 Answer | Asked in Child Custody, Juvenile Law and Sexual Harassment for North Carolina on

Q: Can my son mother be held responsible for her 14yr niece getting pregnant by a 21yr living under the same roof?

So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up having to... Read more »

Angela L. Haas answered on Jun 24, 2019

She could if she knew it was happening, and she let is happen in her home. Additionally, her children could be removed from her care.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: Can DSS question my girlfriends daughter without her present if she tells them not to with out her thete

Nc Buncomb County

Amanda Bowden Houser answered on Mar 25, 2019

Yes, they can - especially if the child is school age. They will just roll up in there without you present and question away - all with the likely gleeful help of the child's teacher and principal. If you are smart and have instructed the child not to speak to people. They will essentially use... Read more »

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: Want to change my child’s name but do not know how to get court order in nc?

Melissa Averett answered on Sep 21, 2018

There aren't any forms for that procedure, so you would need to consult with a lawyer to get that done. Also you have to have the consent of both parents.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: Can a child who is 17 years and 9 months old leave the home with there child whom they have full custody of?

She is 17 and 9 months engaged and finished school had full custody of her child and she wants to leave her home in Virginia and come live with us in N.C. she is already here and she just doesn't want to go back. Can anyone legally make her go back?

Amanda Bowden Houser answered on Jun 28, 2018

Having a child doesn't make you an adult - she is a child until she is 18. So whoever has custody of her can likely much make her go back for the next 3 months or so. You should be more concerned about not who can make her go back but who can have you charge with crimes for your involvement.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: Emancipation concerns?

My boyfriend who is going to be 17 soon (I'm 20) is looking into getting emancipated (lives in north carolina, im in ohio). I have a car, getting a apartment soon with 2 other people, we all have stable jobs, and his father highly likely will support the decision (his mother might oppose). The... Read more »

Amanda Bowden Houser answered on May 11, 2018

Of course his mother will likely oppose - any sane person would. Most 16 year old boys can't tie their own shoes or keep their pants pulled up - let alone provide for themselves. Emancipation is difficult because the child will have to convince a Judge that he is able to take care of himself and... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Juvenile Law for North Carolina on

Q: I am a 17yr old in NC and I want to leave my house... i know i need to plan so I need specifics.

I am 17 and life in my house is getting bad, my dad has been telling me we arent going to make it in this house together, i keep getting in trouble part of it my fault and the other side is not. I dont want to be in this hostile environment and I want my parents to understand that if we cant work... Read more »

Amanda Bowden Houser answered on Apr 6, 2018

At 17, you be respectful and do what your parents tell you. At 18 - do what you want.

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for North Carolina on

Q: NORTH CAROLINA: Can we sue the parents of a 13 yr old who made gun threat at school towards our child 14, sheriff has

decided not valid threat after interviewing all parties, however our kid sees a therapist regularly for anxiety issues and this is greatly affecting him in both social and academic ways along with flare ups of anxiety over the threat (whether it was real or not, just because kid said he's sorry... Read more »

Amanda Bowden Houser answered on Mar 22, 2018

From your description - I'd say its already resolved. If you are considering suing or think expulsion is appropriate - odds are you aren't really trying to resolve things peaceably. These days law enforcement and school administrators take these kinds of things likely too seriously so it stands... Read more »

1 Answer | Asked in Education Law, Juvenile Law and Criminal Law for North Carolina on

Q: What is a 9 yr old child's right when they are grabbed by a teacher in Greensboro NC

Amanda Bowden Houser answered on Feb 7, 2018

Depends what you mean by 'grabbed'. If you mean grabbed in its normal definition, then a teacher would normally and very rightfully do that usually due to one of two things 1) because the child is misbehaving and / or 2) to prevent the child from getting hurt. In either of those cases the child... Read more »

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: I want to move out I am 17 I'll be 18 in december. What do I have to do to be emancipated.

At home is rough for me because I am constantly doing everything myself. I go to school and am working on finding a job currently and I just need to get out of this house, I also already have a place to go afterwards and plan on graduating.

Amanda Bowden Houser answered on Jan 21, 2018

To be emancipated you have to be able to prove to a Judge's satisfaction that you possess the maturity and ability to care for and financially provide for yourself. That is a virtually impossible standard for a lot of 25 years olds these days, let alone a 17 year old. Your best bet may be to get... Read more »

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: My 16 yr old girlfriend pregnant lives with abusive legal guardian, can she legally runaway to protect the baby?

I am 17 yrs old and she is 16 yrs old. I got her pregnant and she is afraid to tell her legal guardian because of her previous abusive history she has done to my girlfriend. She has a place to go if she runaways but she doesn't want to go back to that abusive "home." Also, the guardian makes my... Read more »

Amanda Bowden Houser answered on Jan 19, 2018

She can't legally run away but there are things she can do. If she is being abused she can pick up a phone and call DSS or law enforcement.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: Can my mom prohibit me to see my boyfriend? I'm 16 and he is 17 and we are going to have a baby.

My mom said that she won't allow me to see my boyfriend. And I'm specting on April. She sign that she will be responsible for the payments on the hospital. But now she is saying that she won't pay anything. She have me lock down in my house. She don't allow me to go anywhere but school. And she is... Read more »

Amanda Bowden Houser answered on Jan 13, 2018

Yes, she can. She likely should have put you on lock down before you got pregnant. But she doesn't get the best of both world's. If she's going to now try and treat you like the child you are - she has to pay for it. Children don't pay for rent and food or hospital bills. And the opposite is... Read more »

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: NCmy 17 year old girl is getting ready to runaway. with her boyfriend. how can i protect myself if im liable

It seems like a contradiction..they can run away at 17 but I'm liable still?

Amanda Bowden Houser answered on Jan 13, 2018

Protect yourself? You should be more concerned about protecting your 17 year old. 17 years olds are not magically allowed to run away unless you are the one foolishly allowing it (in which case - you ought to be liable). They are not allowed to run away until 18 and at that point you are not... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Juvenile Law for North Carolina on

Q: My 17yr daughter was caught shoplifting and we were never called isnt that required since she is a minor?

She was caught merchandise returned undamaged and noone contacted us. We werent made aware until legal letters came stating we were being held civilly liable for her actions. If I wasnt aware and she wasnt with us and we didnt even get a call about it how are we responsible? She asked if they were... Read more »

Kristen Dewar answered on Jan 4, 2018

1) In NC, 17 year olds accused of crimes are currently still charged and treated as adults, so there is no requirement for anyone to contact you if your 17 year old daughter is charged with a crime. This does not fall into Juvenile Law, as in NC, your daughter for the purposes of criminal law, is... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on

Q: What are all my options in getting my 16 year to return home in NC.

I have custody his father has every other weekend visitation. My child left with his father and now he refuses to bring him back. I know where my son is but he is not in his fathers care and I have been told if I go to the house where he is I will be arrested for trespassing. Since his father took... Read more »

Amanda Bowden Houser answered on Dec 20, 2017

Are you kidding me? Go to local law enforcement with proof you have custody and have them escort you to go get you child. Now! Like right now - as soon as you are done reading this

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for North Carolina on

Q: Im 14 years old and i want to go live with my gf family ? will i go to jail if i leave and go stay with them?

but leave them a note explaining to them the reason why im leaving and if i plan to return

Amanda Bowden Houser answered on Dec 19, 2017

A note - that's cute. I especially like the 'if I plan to return' part - as if you have some sort of say in the matter, You likely won't go to jail but you can be forced to go back home where you belong. You are a child. Respect your parents, do what you are told and don't give them a hard time.

1 Answer | Asked in Family Law, Juvenile Law and Child Custody for North Carolina on

Q: Can parents legally kick out an 18yo still in high school in North Carolina?

My friend is 18 years old and lives in the state of North Carolina. He is currently a senior in high school. His parents are potentially going to kick him out. I understand that once an individual turns 18 they are a legal adult, but can his parents legally kick him out before he graduates? I've... Read more »

Amanda Bowden Houser answered on Dec 4, 2017

At 18 there is no 'technically' about it - he's a legal adult, not a minor and being adopted is irrelevant. If the person is 18, the parents can tell him to leave whether he is still in school or not. They should not use self help (force to physically throw the 18 year old out). If he won't... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on

Q: My ex is telling me that our 16 year old can move out of my house as long as he stays with a blood relative.

I have custody of him and his father does not work or have a stable residence can I make my 16 year old come home?

Amanda Bowden Houser answered on Nov 30, 2017

Of course you can. Depending on your physical ability, you may need help if it comes down to forcing him to comply but you definitely have the authority to make him do pretty much anything you want until he turns 18.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for North Carolina on

Q: I was charged as a minor but convicted as an adult. Is there anyway, besides expungement, to get those charges removed?

When I was 16 I got into a lot of trouble. The court system waited until I was an adult to fully convict me of a misdemeanor marijuana possession (1/2 > 1 & 1/2 oz) and now it's causing damage to my adult life. Is there any way to put these charges onto my juvenile record so that they will no... Read more »

Kristen Dewar answered on Nov 22, 2017

There is no other way in NC to remove charges from your criminal record other than expungement. $4000 is a lot for an expungement of this type. I would keep calling around for quotes.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on

Q: My seventeen-year-old daughter decided she wanted to move out of my home, she moved in with her friend and her mother,

We live in the state of North Carolina can I buy law force her to come back home. She told me after the age of 16 the police will not go get her and bring her back home.

Amanda Bowden Houser answered on Nov 17, 2017

Until she turns 18 - yes, you can force her to return home.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for North Carolina on

Q: 20 year old gets a 16 year old pregnant, is it legal?

Amanda Bowden Houser answered on Nov 5, 2017

It's more along the lines of, it's not illegal.

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