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Fred B. Amos
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Fred Amos’s Answers

871 total


  • I want to no if i can consider myself legally separated if i moved out of the bedroom last june.

    husband aI afford a divord i dont talk ive been accused of cheat twice the last time was enough for me i moved to spare bedroom only reason still here daughter in college im paying for and cant afford to move out Nor can i afford a divorce there i...

    Fred’s Answer

    No, you are not separated. One of you must move out of the marital home with the intent to remain separate and apart. There is an action called Divorce from Bed and Board that, if allowed, will permit you to remain in the same house but be considered separated. However, my opinion is that the better course of action is to actually, physically separate, i.e. one of you needs to move out of the home.

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  • How long is a N.C. Separation Agreement & Property Settlement valid?

    If the above agreement is properly prepared & filed with the Wake County Register of Deeds, is it applicable after divorce ? In other words, is a follow-on agreement after a divorce necessary?

    Fred’s Answer

    A separation agreement and property settlement is a contract between you and the other party, so normal contract law applies. The agreement remains in full force and effect until its termination either through a termination clause in the agreement or by agreement between you and the other party. It could also be the case that some parts of the agreement terminate on some specific date, e.g. alimony payments, and that the remainder of the agreement continues. It is not necessary to the effectiveness of the agreement that it be filed with the Register of Deeds. A separation agreement, or a memorandum thereof is typically only recorded for the purposes of Free Trader language. So, unless your agreement specifically stated that it would not survive the divorce, there is no need for any further agreements.

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  • Am I responsible for transportation for child exchange because the other parent doesn't have transportation

    There is a temp custody agreement in place where a meeting place is indicated for the exchange of the child. The mother has temp physical custody and the father has every weekend visitation. Currently the child is with me the paternal aunt because...

    Fred’s Answer

    Assuming you are subject to temporary custody order, your only responsibility is to have the child at the court ordered place at the court ordered time. If the other party is unable to get to that location at that time, I would contend that is her problem.

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  • Child support enforcement

    Is enforcement or arrears automatic for a parent who has a passport? What Is the timeline where the parent has to pay the arrears in full in order not to loose their passport ? If they are overseas for work and live in the United states will they ...

    Fred’s Answer

    With respect to the passport, enforcement is not automatic. First, the arrearage must exceed $2500.00. The passport holder must be given notice of the passport denial and an opportunity to contest the denial. Even if a passport is denied, that person is still allowed to travel back to the United States, i.e. they will not get stuck in another country. You may want to check the North Carolina Department of Health and Human Services website for more information about passport denials.

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  • DVPO expired today, When can I contact my EX?

    The restraining order against my ex expires today, I wanted to know would it best to contact him on the day it expires or later on within the week?!!!

    Fred’s Answer

    It sounds like you are the one that took out the restraining order against your ex. If that is the case, you can contact him whenever you like. The restraining order is a one-way street. He cannot contact you before the order expires, but you can contact him.

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  • Can My boyfriend keep our child away from me?

    My boyfriend and I had a big argument. Today he said he was taking the trash to the dumpster and took our child with him. I have called him a million times asking him where him and my son is, his only replied ones saying "with me" with no location...

    Fred’s Answer

    Each parent has equal rights to the care, custody and control of their child or children. You need to see a lawyer about filing a child custody action as soon as possible.

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  • Is it possible to get joint custody for my kids through our divorce?

    my wife and I separated in august of 2012. She moved to Michigan with my 2 kids and live in Raleigh, North Carolina. My kids were born here in North Carolina. Is it possible to get joint custody and for her to have to move back to north Carolin...

    Fred’s Answer

    First, you should have filed a custody action in North Carolina as soon as your wife left the state with the children. While it may be possible for you to get some level of custody or visitation, you will not be able to force your wife to move back to North Carolina. You may need to file your custody action in Michigan as that now appears to be the home state of the children.

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  • What if you do not agree with the signed order?

    My daughters mother and I went to child custody court in October 2014. The Judge decided in my favor and my daughters mothers lawyer was to draft and submit the order from the Judge. There were things that we had already previously agreed upon, an...

    Fred’s Answer

    I agree with Mr. Love. You need to get back in front of the judge to discuss the order. I am not positive, you likely will need to file a motion to set aside the order. You do not necessarily need the order set aside, but you will need to file some type of motion to get it in front of the judge. Consult with an attorney to determine the best course of action.

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  • Separation and marriage certificate question

    I got married in South Africa by Muslim rights moved to the US 19 years ago. I've never married in court here in the US but I am going through a separation period my question is how does that work if I have no legal papers that really needs to be ...

    Fred’s Answer

    Marriage under Muslim Rites is very different than a Civil Marriage under South African law. While North Carolina would likely recognize a marriage in South Africa under the Civil Marriage statutes, which is more akin to your typical church marriage, i.e. get a marriage license, etc., I do not know if North Carolina would give the same recognition to a marriage under Muslim Rites, which is basically just a religious marriage. How you proceed will depend on whether NC recognizes your marriage as a valid one. If NC does not recognize your marriage, there is nothing for you to do as far as divorce is concerned. However, if you have a valid marriage under NC law, you may have rights worth protecting, such as the right to spousal support and equitable distribution. If you have minor children, you may also have child custody and support issues. You should speak with an attorney to determine what, if anything, you need to do.

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  • Can a temporary custody order supersede a DVPO?

    Original DVPO was in place 2013 for a year and renewed by consent until 2016 by parents. DVPO is against the father and provisions are only for the mother. One of the provisions ordered certain days and times the father could call the child based ...

    Fred’s Answer

    I agree with the previous answer. The temporary custody provisions associated with a DVPO only last for the one year the DVPO is in place. While the DVPO can be renewed for up to two years, the temporary custody provisions cannot be renewed. You are subject to the provisions of your temporary custody order.

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