Leslie Hall Amos’s Answers

Leslie Hall Amos

Raleigh Divorce / Separation Lawyer.

Contributor Level 10
  1. What happens if Idont respond to a subpoena from family court in NC?

    Answered 11 months ago.

    1. Blake Spale
    2. Leslie Hall Amos
    2 lawyer answers

    Review the back of the subpoena for information related to the protections and duties for the person subpoenaed to see if you may or may not be able to avoid the subpoena. I don't think you are going to be able to avoid the subpoena based on discussions with a family member, you have been subpoenaed because you are believed to have information relevant to the case and the court's determination of what is in the best interest of a child and you have a duty to provide this information.

    2 lawyers agreed with this answer

  2. What happens if I didn't provide an answer to a civil summons for child custody?

    Answered 11 months ago.

    1. Fred B. Amos II
    2. Leslie Hall Amos
    2 lawyer answers

    Yes, you will still be able to present your case to the judge but you may want to hire an attorney to help you.

    2 lawyers agreed with this answer

  3. Non custodial parent non being cooperative with custody during holiday, how to handle

    Answered 11 months ago.

    1. Leslie Hall Amos
    2. Lee Alan Thompson
    2 lawyer answers

    What does the order say the visitation schedule will be for Christmas? If it says something other than what he is doing, then you can file a motion to show cause or a motion for contempt if he does not comply with the order of the court. I am not sure what a ppw is, or what exactly you are wanting the judge to add to his ruling, but he is not going to add something to the ruling, he ruled at your hearing and you should have a visitation schedule that addresses holiday visitation and if it...

    2 lawyers agreed with this answer

  4. What should I do if father wants shared/joint custody to get out of child support?

    Answered 12 months ago.

    1. Leslie Hall Amos
    1 lawyer answer

    You may file an action for custody of your daughter in your county where you and the child live. You would be required to attend custody mediation to try to work something out with the father before you would be scheduled for a hearing before a judge, unless there was some reasons to waive mediation. If there is no custody order in place, then you do not have to allow the child to visit with the father, and if you believe he may not return her, then it may be wise to not allow the visitation....

    2 lawyers agreed with this answer

  5. I was wondering about mediation of a child as far as visitation rights and custody, her family lives three states away

    Answered about 1 year ago.

    1. Leslie Hall Amos
    2. Eva Ruth Clement
    3. Fred B. Amos II
    3 lawyer answers

    I'm not sure exactly what you mean when you say her family lives 3 states away. You are her mother and her family and you live in NC. If you have no custody order in place and are afraid "they" (I am assuming this is father's family?), then you have no obligation to turn over the child to "them." Only parents, have a right to the care and custody of their natural children (unless they have acted inconsistent with that right), so his family (if that is indeed what we are talking about there),...

    2 lawyers agreed with this answer

  6. Can my married boyfriend get custody of our children?

    Answered about 1 year ago.

    1. Leslie Hall Amos
    2. Stephen Michael Corby
    2 lawyer answers

    If he has truly been absent in the life of the children for years, then I don't really see a judge giving him primary custody of the children, unless he can perhaps show that it would be in the best interest of the child that their primary custody be with him. For instance, if could be possible for the judge to consider changing the custody arrangement if you have neglected their care in some way, have brought about harm to the children, put them in an inappropriate environment, use drugs or...

    2 lawyers agreed with this answer

  7. My daughters father isn't on the birth certificate and no dna test done, does he have the right to file for custody?

    Answered about 1 year ago.

    1. Leslie Hall Amos
    2. Richard Forrest Kern
    3. Matthew Vernon Silva
    3 lawyer answers

    To answer as simple as possible, if he is the natural parent of the child, then yes, he may sue you for custody regardless of whether or not his name is on the birth certificate. There are many factors that will be considered by a judge in determining whether or not he is given custody and/or visitation and it would be important to consult an attorney.

    2 lawyers agreed with this answer

  8. Are the children considered to be in "my" custody?

    Answered about 1 year ago.

    1. Leslie Hall Amos
    1 lawyer answer

    To answer your question simply, no you would not be breaking the law if you change the school of the children, however keep in mind that the father would also not be breaking the law if he went and withdrew them from that school. My point here is that without a custody order in place, you don't really have any defined decision making or physical custody order by the court that the two of you must abide by. Until an order is in place, Mom has a right to the care, custody, and control of her...

    2 lawyers agreed with this answer

  9. What to do to get custody/guardianship of two kids that live with me?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Kathryn V. Bumgardner
    3. John Locke Milholland IV
    3 lawyer answers

    Are you related to the children in any way? How exactly did you come to "take them in"? As the natural parents of a child, the mother and father have a constitutional right to the care, custody, and control of their children, you mention father is illegal so not sure what impact that might have on the constitutional right, but I suspect you are still going to need to show that the parent has acted inconsistent with his/her protected status. I would definitely recommend getting the help of an...

    2 lawyers agreed with this answer

  10. Can I file for modification of a consent order for child custody in NC after improvement in my health condition?

    Answered over 1 year ago.

    1. Kimberly Mantooth Lott
    2. Leslie Hall Amos
    2 lawyer answers

    After an order is entered for child custody, whether it is by consent, mediation, or a judge heard your matter and ordered primary custody with the mother, it is a permanent order. In order to modify a permanent child custody order, there must be a substantial change in circumstances since the time the order was entered and it would be in the best interest of the child(ren) to modify that order. While you have not given specifics, if you wish to modify, you should assert all the relevant...

    2 lawyers agreed with this answer

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