Leslie Hall Amos’s Answers

Leslie Hall Amos

Raleigh Child Custody Lawyer.

Contributor Level 11
  1. My spouse and I have been separated 3 years and she just gave birth. How can I prove I am not the father to social services?

    Answered about 2 years ago.

    1. Sean F. McIlveen
    2. Leslie Hall Amos
    2 lawyer answers

    Since you are still married (even though you are separated), the law presumes you are the father, and whenever a child would otherwise be a public charge, social services must pursue the parent of the child to support the child rather than the state supporting the child. The natural parent of a child is obligated to support such child. However, since you are not in fact the father of the child, you will have a paternity test done, such test will show you are not the father and that will be...

    3 lawyers agreed with this answer

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  2. How do I file for a no-fault, uncontested divorce in NC, Cabarrus County without using a lawyer?

    Answered about 2 years ago.

    1. Leslie Hall Amos
    2. Amanda Bowden Houser
    3. John Naumovski
    3 lawyer answers

    If your county has a self-help divorce packet, that is a great place to start, call your county clerk's office and find out. Even if they don't have a "packet" if you go to the clerk's office they may have templates that you can use and instruction sheets. You must follow all the steps precisely, make all the necessary filings, service, etc. but a person can file their own divorce, it is just the amount of time and effort that it takes for you to do it is great compared to an attorney who...

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  3. Husband had moved substantial amount of savings out of joint account into his own name. Is this legal?

    Answered 10 months ago.

    1. Angela Louise Haas
    2. Leslie Hall Amos
    3. Charles P. Ward
    3 lawyer answers

    Joint account funds are just that joint, so either party could move the funds out. A word of caution, as a stay at home mom, I assume you have no separate income, and would be what we call a dependent spouse who would generally be entitled to spousal support in the event that there was a separation and divorce, in North Carolina if you have committed acts of marital misconduct that include illicit sexual behavior, it would be a bar to alimony, meaning you wouldn't get it if he can prove...

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  4. Can I get spousal support

    Answered about 1 year ago.

    1. Leslie Hall Amos
    1 lawyer answer

    Probably not, but you haven't provided details here and may want to consult with an attorney. Dating after the separation isn't the same as committing adultery during the marriage. Also, in an alimony claim, there must be a dependent spouse and a supporting spouse relationship established before consideration of fault by the court. That is to say that during the marriage you had to be a dependent spouse, financially dependent upon your spouse while you were married or are in substantial need...

    3 lawyers agreed with this answer

  5. Does one need to get legal separation papers in NC prior to filing for divorce?.

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Amanda Bowden Houser
    2 lawyer answers

    No. Just be sure you understand the rights you may give up by having divorce judgment entered.

    3 lawyers agreed with this answer

  6. First step to pursue divorce In North Carolina?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Ketan P. Soni
    3. Jennifer Rutherford Robertson
    4. John Locke Milholland IV
    4 lawyer answers

    That is a personal decision really but you may want to have an initial consultation with an attorney to understand what your rights are, how the separation and divorce process works, the sort of documentation you need to gather, and things like that. Sometimes, if you move out first, it can be difficult to get your hands on documents that may still be in the marital home. Also, in NC we don't really have a legal separation, divorce is based on physical separation of the parties, and you...

    3 lawyers agreed with this answer

  7. Can i win custody of my disabled son

    Answered almost 2 years ago.

    1. Leslie Hall Amos
    2. Lloyd T. Kelso
    3. Matthew Thomas Majeski
    3 lawyer answers

    I would recommend that you consult with an attorney in your area immediately. If a child is subjected to abuse or threatened with mistreatment or abuse, this is grounds for emergency custody, and I would also assert that such circumstances warrant a review of your current custody order and potentially modification . Please speak with an attorney in your area.

    3 lawyers agreed with this answer

  8. Can the judge restrict where visitation occurs?

    Answered about 2 years ago.

    1. Leslie Hall Amos
    2. Andrew Nicholas Clifford
    2 lawyer answers

    Yes, the judge can absolutely dictate where visitation can occur, this is not a restriction on Dad's freedom, it is a restriction on where visitation is to take place. Without more information it is difficult for me to say what your options are. Do you have a temporary or permanent order? Did you not express the desire to have visitation occur elsewhere, say meet half way to exchange child so that visitation could occur at your home? You may wish to speak with an attorney to discuss what...

    3 lawyers agreed with this answer

  9. What can I do if my husband refuses to give me a divorece?I have NO money...

    Answered about 2 years ago.

    1. Leslie Hall Amos
    2. Andrew Nicholas Clifford
    2 lawyer answers

    In North Carolina, an absolute divorce is a no-fault cause of action, and once the statutory requirements are met, a divorce will be granted, the parties do not have to both "agree" to divorce. Even if you represent yourself (pro se), there are court fees associated with your divorce proceeding, it is $225 to file, and then fees associated with service ($30 to have your husband served by the sheriff), and there is a $20 motion for summary judgment fee.

    3 lawyers agreed with this answer

  10. In N.C., what constitutes the start date of a legal separation? Also, when does the clock start ticking until a divorce date?

    Answered over 2 years ago.

    1. Alan R. Krusch
    2. Leslie Hall Amos
    3. David Alexander Browde
    3 lawyer answers

    In order to obtain an absolute divorce in North Carolina, you must be physically separated (maintain separate residences) for at least one year and one day, with the intent to end the marital relationship. The "clock" would start ticking from there. In addition, either husband or wife must be a resident of NC for at least 6 months before the divorce action is filed. Often times people confuse a separation agreement with a legal separation so it isn't clear exactly what you mean by a legal...

    3 lawyers agreed with this answer

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