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North Carolina Juvenile Law Questions & Answers

1 Answer | Asked in Contracts, Juvenile Law and Real Estate Law for North Carolina on

Q: I am a 17 year old from North Carolina, my parents are thinking of buying a home under my name, is that possible?

Cameron Lambe answered on Sep 16, 2017

It's hard to give an answer based on your question. While contracts made with a minor are generally valid (although the minor can often void them unless ratifying them after turning 18), the contract would need to be made with your consent. If you are implying that your parents are planning to... Read more »

2 Answers | Asked in Legal Malpractice, Car Accidents, DUI / DWI and Juvenile Law for North Carolina on

Q: My 20 year old son was knowingly allowed to enter a bar being marked as over 21 the legal drinking age. After he left

The bar he was involved in head on collision and was arrested for DWI I'm curious can any charges be made against the bar since his friend let him in. His friend is an employee of the establishment so he is their responsibility

William Head answered on Aug 6, 2017

Others injured or killed have the best claims. Your son willingly participated.

To get additional information, look at Super Lawyers, for NC personal injury attorneys in your town or the closest big city. Ask for guidance.

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

Q: social services came an removed my kids from there grandparents house 3days before our court date....

he came did a visit said everything was fine left and went to see kids at there grandparents and removed them without mentioning it too. I still haven't herd from him

Amanda Bowden Houser answered on Jun 7, 2017

Yes, DSS does pretty much what ever they want. Do you have a question?

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

Q: Can my sixteen year old move out of my house in North Carolina

I have primary custody of him

Amanda Bowden Houser answered on May 29, 2017

Depends on what you mean by 'can'. They likely can do it just not legally unless they have been emancipated.

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

Q: If I am 16 and a 9 year old kid cusses out my mom, is it illegal for me to hit the kid?

We are not related. She is in foster care. She lives in the same house as me.

Amanda Bowden Houser answered on May 5, 2017

Yes.

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

Q: My mom kicked me out, I am 15 with a 3Month old. What are legal problems I am facing if I go stay with my bf's family

We got into a physical fight so I left home for 2 days and when I came back she told me I needed to find somewhere else to live. My boyfriends family has said they can take me and my 3 month old in until I am 16 when I get emancipated. What happens if my mom reports them for kidnapping or something... Read more »

Will Blackton answered on Feb 28, 2017

I am sorry to hear about your situation and wish you the best on it all working out.

Contact one or all of these three non-profit institutions and tell them about your situation, they should be able to help you:

http://www.wcwc.org/

http://www.interactofwake.org/...
Read more »

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

Q: My younger brother of 15 yrs. continues to lay his hands on me (punch), steal, and verbally assault. What should I do?

My mom continues to punish him, but nothing gives. He disrespects everyone including her and me and verbally assault me by saying "shut up you fat f**ck." I can't continue to get my personal belongings missing because of him and constantly get hit. My mother doesn't hardly do anything because he... Read more »

Amanda Bowden Houser answered on Feb 4, 2017

You can call law enforcement or go to your local magistrates office and swear out a warrant. This will likely cause problelms with your parents, so you should discuss it with them first. If they say no, your options may be to continue to put up with the criminal behavior or have him arrested and... Read more »

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

Q: I am 16 and I have court next week. My father keeps saying he isn't gonna take me and let me just go to jail.

Is this allowed? I am considered a juvenile and it is a juvenile court case. He is my only way of transportation. If he doesn't take me what will happen?

Amanda Bowden Houser answered on Jan 13, 2017

Yes, it is allowed. A parent is not obligated to be your chauffeur. Take a cab, take a bus, call a friend or other family members - you gots lots of options. If you don't go to Court you will likely be arrested. If you are arrested, explain to everyone that you did your best to get to Court and... Read more »

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

Q: Can an alleged father take an at home DNA test on a baby without the mother's consent?

The man did not sign the affidavit of parentage in the hospital nor is he on the birth certificate. The baby was left in the care of the man's mother for a few hours and DNA test was performed. Should I file a police report? I did not consent to the test and was not told about it.

Amanda Bowden Houser answered on Nov 25, 2016

First, lets get facts straight - a DNA test was not performed - a sample was taken so that a DNA test could be performed. There is a difference. Most home DNA testing companies require permission of a legal guardian or parent but this requirement is very easy to get around so he could have had the... Read more »

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

Q: I am a 17 year old girl who is dating a 20 year old man. I turn 18 in 6 months.

My mom and her boyfriend do not approve of us. We hang out and still see each other so my mom has said she is going to file charges against him and take us to court. I would like to know if we're doing anything wrong? Or if there is anything I need to know about laws to keep us from trouble?

Amanda Bowden Houser answered on Sep 1, 2016

If you are disobeying your mother - then yes, you are doing something wrong. However, the more important question is is whether your boyfriend is doing anything legally wrong. Basically, the only thing your mother can legally do is keep you at home and prevent him from trespassing - maybe get a... Read more »

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

Q: can a 17 year old girl leave adoptive parents and go back to birth parents in north carolina legally

Melissa Averett answered on Oct 5, 2015

No. Assuming the adoption was done correctly, your biological parents have no rights under NC law. Your adoptive parents can have law enforcement make you come back until you are 18. I realize that seems like a long time from now, but its not. If you are being physically abused, call law... Read more »

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

Q: How do I get legal custody of my children as a father?

I live at home with my two daughters and their mom. We fight constantly and I've had it and told her to leave since she pays nothing. I've been paying for the house and everything for over 4 months now and she said she's leaving with my daughters back to her moms. She says she's gonna put me on... Read more »

Robert Jason De Groot answered on Oct 3, 2015

You need to get to a family attorney immediately, and probably must file a petition to determine paternity.

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

Q: Is it illegal for someone considered an adult to date someone under age of conse

I have been looking at the laws online, and though the information is very helpful, I would still like a legal opinion. My boyfriend is 2 years and about 6-7 months (relationship of 6 months). I have read up on the "statutory rape" laws and "age of consent" laws. I have found this section.... Read more »

Robert Jason De Groot answered on Aug 27, 2015

Dating is not illegal, and I do not think there is a close in age exception in NC. I practice law only in FL. Do a google search on age of consent in NC, and start reading more.

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

Q: My questions are regarding my now,15 year old niece. My brother and his wife (residents of Florida)

Take care of my niece. Informing me they're not able to handle her anymore , considering placing her into a juvenile facility. Her skipping school, sneaking out, angry outbursts and self mutilation was worsening. We became very concerned about the family dynamics being the core of her acting out... Read more »

Melissa Averett answered on Aug 24, 2015

You have to file an action terminating her parent's parental rights and asking the court to allow you to adopt. To terminate their rights, you have to show they are unfit parents and are not likely to get help to become fit parents. You will need to hire a lawyer to do this, these are not easy... Read more »

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

Q: Is this legal sex in North Carolina?

So if a 14 year old and a 17 year old have consensual sex in North Carolina is it still considered rape? He is still technically a minor and there is that Romeo And Juliet law. I just don't understand the amount of years apart you'd have to be in alliance with the Romeo and Juliet law to have... Read more »

Robert Jason De Groot answered on Aug 20, 2015

The age of consent in NC is 16. Basically the 14 year old does not have the ability to consent to sex, so yes, it is rape. You can do a simple internet search on the age of consent in NC to learn more.

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

Q: Can a 17 year-old and a 14-year old have consensual sex legally?

So I was wondering if two teenagers have consensual sex, ages 17 and 14, if it would count as rape and the 17 year-old would be charged.

Robert Jason De Groot answered on Aug 20, 2015

No, the 14 year old does not have the capacity to consent to sex and the 17 year old would be charged with rape most likely.

1 Answer | Asked in Juvenile Law for North Carolina on

Q: im 14 years old that live in North Carolina what will happen if I drop out of school ?

Rachel Lea Hunter answered on May 24, 2014

You will be setting yourself up for a life of poverty. I suggest that you at least get your GED and attend a technical school assuming that your parents are on board with this plan.

Since you are a minor, there may also be juvenile delinquency proceedings against you.

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