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Fred B. Amos II

Fred Amos’s Answers

952 total


  • What are the grounds to do voluntary termination of parental rights in North Carolina? ?

    Me and my husband separated for a lil while and he got another woman pregnant and now the baby is 2 yrs old and he doesn't want anymore dealings with her or the child. He wants to voluntary terminate his rights to this child. How can we go about d...

    Fred’s Answer

    There are no "grounds" for a voluntary termination of parental rights. The mother of the child would need to file a petition to terminate dad's parental rights. If she does not want to do that, but would rather seek child support from the father, then he will be obligated to pay child support, if he is able, whether he wants to see the child or not. His options are to discuss a termination of his rights with the mother of his child to see if she is willing. If she is unwilling to do that, then he is at the mercy of the court in its determination of his child support obligation should she file an action for child support against him.

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  • $12OO BEFORE DIVORCED (B.D.) BUT $500 A.D.CONSENT WITH CHANGE CIR. my x has$1200 finding of law. which do I modify? $12oo or$500

    FOR ALIMONY MODIFICATION:which is considered original order for modifying? ! FINDING of from judge indicates my x is able for more than $1200 but due to my cir > my parent offered to support me.So I consent circumstantially $500/m but my parents...

    Fred’s Answer

    As was stated in a previous answer, your remedy is to file a motion in the cause to modify your alimony. To win your motion you will need to show that there has been a significant change in circumstances since the entry of the current order. From what you have stated in your fact scenario, I do not believe you can show the requisite change in circumstances, but perhaps there is more to the story. You seem to admit that all of the information, as it exists now, was known at the time of entry of the order, but that you CHOSE to allow your ex to pay you $500.00 per month. If that is indeed true, then there has been no change in circumstances. As to the question of "which do I modify?" As you are not getting $1200 per month, then I can surmise there is no order granting you $1200 per month to modify. You apparently signed a consent order for $500 per month, thus that is the order you would need to attempt to modify. Good luck.

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  • Can I have the child support lowered if I now have sole custody of one of the children from my previous marriage?

    I have two children to a previous marriage, I also have another child with my now spouse. Recently I got sole custody of one of my children from the previous marriage; I would like to know could I modify child support to lower the payments to my e...

    Fred’s Answer

    You may request a modification of your child support obligation. In North Carolina, you must file a motion in the cause requesting that your child support obligation be modified. Your burden is to show there has been a substantial change in circumstances since the entry of the current child support order. A significant change in custody such as you have indicated is likely sufficient. It would benefit you to consult with an attorney prior to taking any action. However, below I have included a link to the AOC form used in requesting a modification of child support. Good luck.

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  • I was wondering if I had a strong case for sole custody if it goes to court. And does he stay with me until it goes to court?

    My son is staying with me now because his mom has been partying a bit too much and I felt like he was not in a good situation. There is no legal custody agreement. I have placed him in a new school since the beginning of the school year. Her situ...

    Fred’s Answer

    I would say that you have a case for sole custody and a strong case for primary custody. As with any child custody case in North Carolina, the standard the judge considers is the best interests of the child. Any evidence that mom is unstable, either personally or in her living conditions or both, coupled with evidence of your ability to provide for your son and give him a stable home environment helps you. While you may very well make a good case for sole legal custody, obtaining sole physical custody is difficult. It is more likely the case that mom would be granted some form of visitation. What that visitation might look like I cannot say. On a side note, running a boarding house is illegal within the Raleigh city limits. I am not advising that you turn mom in, but the fact that she has to resort to what is technically illegal activity to get by is not good evidence for her. You should not wait to file for custody if you have not already done so, and I strongly encourage you to consult a family law attorney before doing anything. Good luck to you.

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  • How can i regain custody of my children?? or How can I get the relinquish reinstated??

    About 5 or 6 years ago i signed a relinquish...it wasn't for neglect nor abuse of my children but it was because I was in the wrong state of mind at the time to i didn't have no place to go and i didn't have a stable place to take my children and ...

    Fred’s Answer

    Unfortunately, under North Carolina's relinquishment statute, you only had seven days from signing the relinquishment to rescind. or take it back. As it does not sound as if you claim there was any fraud or duress involved in your signing the relinquishment, the only method of which I am aware to undo the relinquishment is for you and the agency having custody of the children to agree to rescind the relinquishment. This is not possible for any children that have already been adopted. Further, if any children have already been placed with a prospective adoptive parent that person or persons would also have to agree to rescind the relinquishment. It sounds like some or all of the children are in the process of being placed, so it may be quite difficult for you to get all parties to agree, but it would certainly be worth trying. Also, the agency having custody of the children has no obligation to contact you regarding the placement or adoption of the children. Your execution of the relinquishment terminated your rights to legal and physical custody of the children as well as the need for your consent to any adoption.

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  • Can me and my wife take my step child, her biological out of state to better her life?

    I have been with my wife and her kid for 4 years and have supported them. I am even called daddy, her biological father rarely sees her on his weekends, the grandmother takes care of her. Has no job, drop school, and the only way to get child supp...

    Fred’s Answer

    Your wife can move out of state with the child if it does not violate the current order. However, as was stated in a previous answer, it will be a violation of the order if mom is unable to make the child available for visitation with dad at the correct place and time, etc. pursuant to the current order. So, it is unlikely you can just up and move. Mom's best course of action is to first see if she can negotiate an acceptable arrangement with dad, then file a consent order making the necessary modifications to the current order. If that avenue does not work out then mom will need to file a motion to modify child custody based on the imminent move to Illinois for better jobs and a better life. At a minimum it would be well worth it to you to consult with a family law attorney to review the current order to be sure of what mom can and cannot do, then you will be better able to determine the proper course of action. Good luck to you.

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  • How to file Divorce for a marriage less than one year in North Carolina?

    It's been almost 8 months for our marriage, but we separated for 3 months and we want to divorce. What is the process for divorcing according to North Carolina?

    Fred’s Answer

    The requirements for eligibility to file for divorce in North Carolina are fairly simple. First, you must have been a resident of the state of North Carolina for at least six months immediately preceding filing for divorce. Second, North Carolina is a no-fault divorce state, meaning that you do not need to allege any type of fault by your spouse. The only other requirement is that you MUST have been separated for at least one year prior to filing your divorce action. It does not matter how long, or short, you have been married. In North Carolina, separation is achieved by one spouse moving out of the marital residence with the intent to remain permanently separate and apart. If you meet these requirements you are eligible to file for absolute divorce in North Carolina. Further, if you meet these requirements you have two options. You can file your divorce action yourself, or you can hire an attorney to handle the divorce for you.

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  • How do i get a divorce in NC

    filing a divorce

    Fred’s Answer

    The requirements for eligibility to file for divorce in North Carolina are fairly simple. First, you must have been a resident of the state of North Carolina for at least six months immediately preceding filing for divorce. Second, North Carolina is a no-fault divorce state, meaning that you do not need to allege any type of fault by your spouse. The only other requirement is that you must have been separated for at least one year prior to filing your divorce action. In North Carolina, separation is achieved by one spouse moving out of the marital residence with the intent to remain permanently separate and apart. If you meet these requirements you are eligible to file for absolute divorce in North Carolina. Further, if you meet these requirements you have two options. You can file your divorce action yourself, or you can hire an attorney to handle the divorce for you. I have included a link below to Wake County's do-it-yourself packet should you be inclined to handle your own divorce. Be sure to follow the instructions exactly. Otherwise you run the risk of having your request for a divorce denied. Good luck to you.

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  • If I moved out of my home 10 days ago because of separation, should I insist on moving back to maintain custody/property rights?

    I wanted to seek marriage counseling. She refuses. She asked me to leave. I asked immediately to come back, and she refused. I worry most about visitation and custody of my 3 month old son. We have no family in the area and I know she could use th...

    Fred’s Answer

    The answer depends on what you mean by "insist." I would say you can ask, plead, or even get down on your knees and beg, but you should in no way apply any sort of threats or aggressive behavior in attempt to get back in to the home. If you do you would risk being arrested and possibly be subject to a restraining order. You left, presumably voluntarily, so your wife now has control of the home. It is what it is. However, if your main concern is child custody and property rights in the form of property division or equitable distribution, then the thing to do is file a complaint for child custody and equitable distribution. Of course, once you do that she will hire an attorney who will counter sue you for child custody, child support, post separation support, alimony, equitable distribution and possibly attorneys fees. I agree with the previous answer that mediation may be a good option for you. If you file a complaint for child custody there will be a mandatory mediation, so I favor filing then action then trying to negotiate. If negotiations do not work out you are already on the court calendar. It would serve you well to at least consult with an attorney to get more details. Good luck to you.

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  • Out of state contempt of court for child support I can not pay (Disabled). How will NC domestication of order go?

    I have a NJ Child support award against me. I have no assets, income, and have never been able to maintain employment (I'm 32). I don't qualify for SSDI b/c work history. SSI is pending decision. Taking appropriate actions in NJ but it is some...

    Fred’s Answer

    The fact that you are both ordered to pay child support and receive child support presents a bit of a conundrum. In any event, the child support you receive is not considered income to you, thus it cannot be taken from you in order to pay child support to someone else. Child support is for the benefit of the child, not the parent, thus to take child support that is paid to you away from you is to take money from the child, which is not how things work. Further, income should only be imputed to you if you are willfully suppressing your income. I feel confident that if you are on a feeding tube you cannot work and do not have the ability to presently earn income. If your child support case gets to North Carolina and you end up in IV-D court, I highly recommend you hire an attorney for assistance. Good luck to you.

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