Skip to main content
Fred B. Amos II

Fred Amos’s Answers

948 total


  • Is there any way that I can take my x husband back to court for full custody of my kids ages 10 and 7?

    My children do not wish to be traveling to jersey to visit him due to the things they've been exposed to such as drinking and driving with the kids in the car, having sex with females while the children are sleeping in the same room and having the...

    Fred’s Answer

    In North Carolina, child custody is always on the table. You can take your ex back to court by filing a motion to modify child custody. You can hire an attorney to assist you, or you can attempt to do it yourself. Below is a link to a self-help packet for Wake County. In order to prevail you will need to show a substantial change in circumstances since entry of the current custody order and that the change requested is in the best interests of the children. I encourage you to consult with a child custody attorney before you attempt to take this on yourself.

    See question 
  • How likely is it for me to be granted sole physical and legal custody with no visitation?

    Ex and I separated 2 years ago with a DVPO being put in place against him for me and our two kids. Ex was granted supervised visitation and never used it, nor in the past two years has he made any attempts at providing support. Have been going thr...

    Fred’s Answer

    I agree with Ms. Houser in that you should immediately refile for child support. I also agree that it is unlikely you will achieve adoption without consent. The odds of your ex getting no visitation is slim but you at least have some good arguments based on his lack of effort in that department. Your odds of terminating his parental rights, which would be required for the adoption to proceed, are nil absent something extraordinary. Regardless, refile for child support. Perhaps you can use it as leverage. Good luck.

    See question 
  • After separated is debt like credit cards, new home purchases, vehicles, ect. still considered community?

    is it wise to buy a house while separated? If we have a separation agreement stating any property/ debt acquired while separated is that persons responsibility will it hold up in divorce?

    Fred’s Answer

    I agree with the previous answer, so I will not add to the issues addressed therein. However, I would like to add that I recommend waiting to buy a house. Further, I do not recommend taking on any new, major responsibilities during the period of separation. It's only a year, so why muddy the waters. Then you don't have to worry about anything "holding up."

    See question 
  • Do I have to provide past tax info and past pay stubs to my ex's attorney for mediation?

    I have 2 children with an ex in which we have joint custody. I recently had a baby and decided to stay at home and didn't think i'd need to pay half the child care if i can take them to and from school and dont need it. The ex of course pl...

    Fred’s Answer

    I agree with the previous answer as to whether there is a motion pending. If not, you are not required to do anything.

    See question 
  • If I am disabled and dependent and my spouse has left me and refuses to pay household bills, is that abandonment?

    Married for 18 years and disabled for 16 yrs. Husband left last year after he was caught cheating. He had been paying bills but has now stopped. I get very little money monthly from disability. Can I file abandonment charges against him?

    Fred’s Answer

    Do you mean criminal charges? A criminal action will not solve your problem. You need to file claims for post separation support, alimony, and possibly equitable distribution. Do not wait any longer. Visit with a family law attorney and get started.

    See question 
  • Can a father get custody of he children when the mother doesn't have him

    She gave our kids to her mother in another state

    Fred’s Answer

    Possibly. There are a lot of facts to be determined, but generally speaking, a father's rights are superior to that of a grandparent. It may be possible to have the children returned to NC, but you will first need to file an action for custody here in NC. You need to speak with a child custody attorney and discuss all of the details of your case in order to determine the proper course of action. Also, I wouldn't wait around too long as the longer grandma has the children, the stronger their relationship grows, which could be detrimental to your case.

    See question 
  • Me and my husband are separated. We have a separation agreement, but we have not signed it because we are having disagreements

    All the disagreements are about money. He cheated on me with another women and I have proof of it. He is now living with that person. He is threatening me with changing the amount of child support that he is paying me because there is a past du...

    Fred’s Answer

    I agree with the previous answers and would just second the opinion to NOT sign anything. If he will not agree to pay you the proper amount of child support you need to file an action for child support. Once you agree to a certain amount of child support in a separation agreement you may have a difficult time changing said amount. You will be better off with an enforceable court order.

    See question 
  • How can I prevent this from happening? My boyfriend & I of (8 years) are splitting & we have an almost 3 year old son together

    My ex's parents push him to get our son when he doesn't want his visitation. My son cries at night wanting his mom and when he does come back from spending even a short period of time with them he is defiant, throws temper tantrums, etc. He's no...

    Fred’s Answer

    Is there a court order for dad's visitation? The key is that it is dad's visitation, not grandparents visitation. If dad is living the child with grandparents and going off to work you may be able to do something. Consult with a family law attorney to determine your options.

    See question 
  • Ex-husband has sole custody of child-ignores court order visitation > 4 years threatens mother against legal action

    I've 2 girls, 4 years apart, 2 dad's, now 12&16.Custody battle 2007over 2nd child at 4 yrs old. Dad wealthy,mom not. Mom charged as unfit as hords of people,+ Child Protective Services (CPS), defamed mom just as dad had 'persuaded.' >200counts aga...

    Fred’s Answer

    If there is a custody order in place wherein you have visitation rights, and those rights are being violated, you need to file a motion to show cause to bring dad before the judge to answer as to why he is not allowing you your court ordered visitation. The court can hold him in contempt and force him to give you the child. You may also consider filing a motion to modify the custody order.

    See question 
  • Are there any ramifications for the abandonment of an elderly parent by her 5 psychotic, well-to-do middle-aged children?

    Inherited psychotic genes from childhood are professionally undiagnosed but certain. Lots of examples such as father served papers for child abuse from Ct. Child Protective Services ('80), pediatric medical son has ADHA, threatened me with committ...

    Fred’s Answer

    While I agree with the previous answer, even if you brought criminal charges under the statute, there really is no enforcement provision. What I mean is that I am unaware of any method of actually forcing a child to take care of a parent.

    See question