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Fred B. Amos II
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Fred Amos’s Answers

889 total


  • Can you be separated still live in the same house

    there is house kids in school involved and I wanted to do it the right way it would not hurt me or the kids financially . I need advise exactly how started what to do when to do it

    Fred’s Answer

    No, you cannot live in the same house and be separated in North Carolina. In order to be separated, one spouse must physically leave the marital home with the intent to remain permanently separate and apart, i.e. no intention of returning. I agree that you should consult a family law attorney prior to doing anything. There may be things you can do prior to either of you leaving the marital home that will help you in the long run.

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  • Forged a CA court order & submitted in NC attempting to falsely Expedite a Foreign Child Custody Order. Criminal charges in NC?

    In which jurisdiction should charges be brought against the perpetrator? The home state of the minor child is CA, and there is an ongoing custody dispute. The forgery was submitted in NC, on CA paperwork. What crimes could this person be ...

    Fred’s Answer

    Altering court documents or entering unauthorized judgments is a Class H felony. NCGS 14-221.2
    While the underlying issue was child custody, your question pertains to criminal law.

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  • As the primary parent, who's last name should my child have?

    I am currently pregnant and I am not married to my child's father. We do not live together. I will be the primary parent. Is it in my best interests to give my child my last name? Or does it not matter legally if he has his father's last name? Wi...

    Fred’s Answer

    I agree with the previous answer. The ball is in your court. Nevertheless, as you are unmarried and gave no indication of any intent to marry presumed bio-dad, my two cents is to give your child your last name. Having said that, child custody and child support are the bigger issues you should be considering.

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  • Child custody order signed by Judge is incorrect. What can I do?

    Child custody hearing in Wake County in August 2014 for my 1 year old daughter. Judge concluded I would have every other wkend plus every other Thursday. Judge ended up signing my daughters mothers order because for whatever reason, the lawyer I h...

    Fred’s Answer

    • Selected as best answer

    Unfortunately these things do happen from time to time. I think you are looking at a Rule 60 motion to have the judge correct the order based on the omission of your Thursday night. If the Judge awarded it to you, it needs to be in the order. I would recommend you speak with an attorney about preparing and filing the motion. I have included a link to the North Carolina Rules of Civil Procedure below. Read Rule 60.

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  • I have been adopted twice by two different step fathers. Once, in 1961 and again in 1974. I would like these overturned. How?

    I was born to a 17 year old mother. My father never signed the birth certificate or acknowledged me as his child. My mother married when I was 2 and I was adopted by her new husband. Then later they divorced and she remarried someone who adopte...

    Fred’s Answer

    I agree with the previous answer that you are unlikely to be successful overturning adoptions from so long ago. May I ask what your goal is here? Perhaps there is some other solution.

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  • Interstate Child Support. What does no service mean?

    My ex husband lives in Tennessee and didn't show up to his child support hearing. Now it just says no service. I live in North Carolina.

    Fred’s Answer

    In order for the court in North Carolina to have personal jurisdiction over your ex-husband he must be properly served. Service is notice of the charges or claims being brought against him. Without proper service he has no responsibility to show up in court in North Carolina. You may wish to speak with a local attorney for assistance. I have included a link to Rule 4 for your information.

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  • I want to sue my husband for alimony and abandoned sick i got sick . 30 years of us being together.

    left me after 30 years since i got sick and had to quit work.

    Fred’s Answer

    If you want to sue for alimony, and whatever additional claims you may have, I highly recommend you consult with a family law attorney first to determine your course of action.

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  • What can I do with my ex violating the court ordered parenting agreement?

    My ex has about 45% custody of my 3 kids. Every Tuesday for dinner, Thursday over night, and every other Sat-Monday morning. This is a court ordered parenting agreement. This past week, he left the country without telling me or giving me any no...

    Fred’s Answer

    You can file a motion to show cause to force your ex to come before the judge and explain why he
    did not give you notice or otherwise violated the order.

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  • Does a modification in percentage of kid's medical costs mean new percentages are retroactive to monthly payments?

    In January 2015 our daughter got braces. We opted to pay the expense of the treatments over 24 months, in monthly payments, instead of paying the whole cost up front. In May 2015 there was a modification made to the percentages both me and my e...

    Fred’s Answer

    You only incur the cost as the payments come due. The full cost did not take place before May 2015. Thus, the percentage each of you should pay changed as of the modification date. However, the change will not apply backwards.

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