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North Carolina Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back

Adam Bull
Adam Bull answered on Jan 12, 2020

If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.

Clearly this is an unhealthy family relationship, and I would sever contact until it...
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2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My mom is filing ungovernable youth charges against me. Do I have any rights as a minor?

Her reason for the ungovernable charge was that I am disrespectful and I do what I want when I want. About ten days ago. She slapped me, so hard I couldn’t hear out of my ear. That entire side of my face went numb. Then I yelled at her that I hated her and hit her arm. When she called the police,... Read more »

Adam Bull
Adam Bull answered on Dec 4, 2019

You have a right to an attorney and one should be appointed to you.

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2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My sister is 17 and out mother pressed charges on her and she is currently locked up. I need to know how this all works.

Can someone other then her parent or guardian bail her out?

Adam Bull
Adam Bull answered on Nov 24, 2019

Anyone can post the bail money for a person. But be careful interjecting in this situation. If your sister is a minor, its unlikely they would hold her on much of a bond unless the charges were serious.

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1 Answer | Asked in Education Law and Juvenile Law for North Carolina on
Q: What is the age for a student to dropout in Rutherford NC?
Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

A North Carolina attorney familiar with education law, or an educational administrator could probably tell you. But your question remains open for three weeks. Don't drop out. You don't need an attorney to tell you that. Finish school and get a diploma, or things are so bad at your school, at least... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... Read more »

Adam Bull
Adam Bull answered on Oct 24, 2019

As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for North Carolina on
Q: My nephew in PA in a bad home situation. Child Youth are doing nothing. He’s 15, what happens if he runs away!

He’s a good kid and doesn’t deserve the crap life he’s been dealt. I live in NC and want to take care of him. If it’s kept very under wraps, could we get away with it? I’m scared if she doesn’t seriously hurt him, he will hurt himself.

Adam Bull
Adam Bull answered on Oct 24, 2019

first, any legal action will need to be done in PA as that is where he lives. You can make a report to child protective services but it sounds like that has not effected the desired outcome.

He potentially can file to become an emancipated minor which if granted would allow him to decide...
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2 Answers | Asked in Juvenile Law for North Carolina on
Q: Is it legal for a minor to be questioned without his gurdian or lawyer present in the state of North Carolina
Krispen Culbertson
Krispen Culbertson answered on Oct 8, 2019

It depends upon the context. Is it a criminal investigation or testimony (or witness interview) in a criminal case?

If it's criminal, yes. A cop can question a minor as part of a criminal investigation.

If it's civil, it depends on many things and we'd need to know if it's...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I do apolojise as I am not that intelligent that is why I am looking for answers my daughter is 16 years old I took her

Phone away her boyfriends grandmother bought my daughter a prepaid phone without my approval legally can I take the phone away what is the law on cell phones and minors

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2019

Unintelligible means 'impossible to understand. I did not mean for you to think you are unintelligent. As to the phone, yes, you as the parent can control what property your child possesses. So you may take the phone from the child. However, you should return it to the grandmother.

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
Kevin E. Flynn answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: Mother has been TPR (terminated parental rights) and took kids from a home knowing she has no rights? dad full custody

Father has sole full legal custody and the bio mom's rights have been terminated. she went in the middle of the night and got the children 14 and 13 at the time of crime and took them through 5 county lines and refuses to return children. what is the crime here? and how does father prosecute?

Angela L. Haas
Angela L. Haas answered on Aug 28, 2019

That would be kidnapping. The father should contact law enforcement.

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
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
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
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
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
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
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
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
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
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
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.

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