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Leslie Hall Amos
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Leslie Amos’s Answers

207 total


  • Divorce papers not filed by X husbands attorney

    the judge signed the divorce decree 2 weeks ago but the opposing attorney has not filed the papers. Can they hold this up indefinitely? Or is there a time limit to when they must file.

    Leslie’s Answer

    While I don't know the exact procedure in your county, I am confused by your statement. If the judge signed the divorce judgment then it should have been clocked in right then and there when it was signed, I am not sure what you are waiting for his attorney to file. If you have not received a copy of the divorce judgment, your are free to go to the courthouse and get a copy or a certified copy if you so desire, you do not need to wait for anything from the opposing party's attorney if the judge has signed the divorce judgment.

    Best of Luck!

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  • Can my son's father win custody because I was given a child endangerment charge?

    My 2 year old managed to get out the house while I was using the restroom. I didn't had any idea he could unlock doors. I was terrified and started looking for him. The police was called when a neighbor found him on her porch. After everything the...

    Leslie’s Answer

    I would suggest that you contact an attorney as soon as possible so that you may have representation at the 10 day return hearing for Emergency Custody, it will be very important to discuss everything with your attorney and to decide the best course of action in your circumstances. If the judge keeps custody with Dad at the 10 day return hearing, you will then be looking at a temporary custody hearing next, which can often times take several months before you will be heard in Wake County. So the best thing I can suggest is to get an attorney now.

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  • Leave us alone is what they wanted

    I was aware of a child possibly being mine. I was in the military when I had sex with this girl. We went separate ways. I was then notified That the child may be mine. I have not taken paternity test so I don't know. The issue is was threatened a...

    Leslie’s Answer

    It isn't entirely clear from your statements what is going on. Was the girl you had sex with married at the time? I'm guessing she was married, and now she isn't with him anymore and now needs to figure out where she can get some help supporting this child now maybe?

    Ultimately if the child is biologically yours regardless of what happened or you were told, you have a legal obligation for the support of your child, so if she brings an action for child support, you take a paternity test and it is yours, you will be obligated to support the child going forward.

    You have posted this question as child custody (I changed it to Child Support), if you are seeking custody and/or a determination of paternity to see if the child is your so that you can be a father to the child, then there are some other actions that can and should be taken. I would suggest at least consulting with an attorney to discuss the details of your situation and decide what you might want to do in these circumstances.

    Best of Luck to you!

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  • I have been ordered to pay child support, well the child is now with me but I don't have a custody order.

    Last time I went to court to reduce child support the judge said I couldn't prove child was living with me... Even with daycare records. How do I prove child is with me? The child's mother is a drug addict and I want custody through a cou...

    Leslie’s Answer

    File a child custody action in the county where the child lives and has been living for the past 6 months. If that is in Wake County then you may file your action here. While I would always advise a parent to at least consult with an attorney before attempting to do it on their own, you may want to go to the Family Court Office located on the 11th floor of the Wake County courthouse, they do have some self-help information but they cannot give any legal advice. I would also suspect that it would be difficult to get supervised visitation proceeding without an attorney for the mother unless she consented to it. Once you have the custody order you could then motion to modify child support.

    Best of Luck to you!

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  • Do I need an attorney to have divorce transferred form va to nc or can I do it on my own

    I can't travel back to va because im disabled and don't do well on long trips. minor son lives with me full time and father only seen him at most 3 times in two years. I need more support for self and son.

    Leslie’s Answer

    It is possible that you could change venue, but you would need to discuss the details of your case with an attorney in NC in the county where you live. Best of Luck!

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  • How do I go about having my ex to buy me out of our home?

    I'm recently divorced, my ex and his wife are living in the home. My name is still on the deed, but I'm not asking him to sell the home, he claims there's not that much equity in the home. What steps do I follow to get him to buy me out?

    Leslie’s Answer

    Are you on the mortgage or just the deed? If you are on the deed but not the mortgage, not as big of an issue, still a pain, but not as bad as if you are on both mortgage and deed. Upon the divorce judgment you became tenants in common if you held the property as tenants by the entirety during the marriage. The steps you would follow, are steps that should have been followed BEFORE the divorce judgment was entered, but those steps are no longer available to you if a divorce judgment has been entered. I am guessing you did not involve an attorney in your divorce. Now there is no way that I know of to force him to buy you out, to force him to do something now is probably going to involve a forced sale of the property which I would suggest contacting an attorney in your area to see if this is something you want to do.

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  • PA custody in NC?

    He has phys & legal; I have visitation. 1 child w/ court apptd legal guardian. He moved to NC w/o kids in March. Kids & I in June. Kicked me out. What are my options?

    Leslie’s Answer

    It is not entirely clear what options you are wanting to pursue, and there is definitely not enough information here to give you any specific advice. Generally speaking, once a court has jurisdiction over a child custody matter, that court continues to maintain jurisdiction, what is called "continuing exclusive jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are circumstances when it makes sense to change jurisdiction, an example would be when all parties and children no longer live in that state. In addition, it may be important to you to register the PA Order here in NC for the purposes of enforcement. I would recommend that you speak with an attorney in your area to discuss the details of your situation and what all of your options are.

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  • Can I buy property before I file for divorce?

    I have been separated for many years . I have not filed for divorce yet since I don't know where he is but plan to soon. We have no children or property together.

    Leslie’s Answer

    I agree with Mr. Soni, if you are paying cash, you could buy it, but if you are borrowing money the spouse would have to sign the deed of trust if you are still married even if the deed is only in your name. You are also going to know where he is to serve him or make an effort to find him or serve by publication if he can't be found. I would suggest speaking with an attorney and getting the divorce filed.

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  • Daycare withholding a child from unknown parent when no custody order in place

    Does G.S. 14-41, criminal abduction apply here? GS 110-86 assigns responsibility to Commission, their Childcare Rules spell out 10A NCAC 09.0205 Parental Access "The PARENT, guardian ...shall be allowed unlimited access to center...

    Leslie’s Answer

    I would recommend seeking legal counsel and filing an action for child custody immediately, the daycare and the police are not there to decide who gets custody of a child, that is the judge's domain. I'm not sure if you are the unknown parent or the parent who secretly enrolled the child, but clearly there is some custody issues going on here and it would be best for the child and probably the parents to have a court order as it relates to the child to limit confusion, to say what the "rules" are and to create a consistent schedule for the child.

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