Leslie Hall Amos’s Answers

Leslie Hall Amos

Raleigh Divorce / Separation Lawyer.

Contributor Level 10
  1. My 14yr old daughter says that she wants to live with me and my parents. Can my wife remove her from my care?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Alan James Brinkmeier
    2 lawyer answers

    If there is no custody order in place, then you should file a custody claim in the county where your daughter lives. Until a custody order is in place, Mom has a right to have custody of the child, and Dad has a right to have custody of the child, so if she is in your custody, she can't "remove" her without a court order that says she can do so. Child support and child custody are completely separate issues and have nothing to do with each other except that the amount of physical custody...

    2 lawyers agreed with this answer

  2. What is the law for custody on a child with parents are not marry or together ?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Leigh B. Sellers
    2 lawyer answers

    Marriage does not impact custody. Is father listed on the birth certificate as the child's father? Also, you may want to contact child support enforcement to begin a child support action, as the natural parent of the child, the child is entitled to support from him. North Carolina uses an income shares model, and the child is entitled to the same amount of income from his/her parents as if the parents were together regardless of which parent has physical custody of the child. This means if...

    2 lawyers agreed with this answer

  3. What is the law that says that exhibits presented in court must be shared 3 days before a hearing?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    1 lawyer answer

    There is no rule that I know of that says you get to review all exhibits 3 days before hearing. That is what lawyers do, they put together relevant evidence and present it at trial. You are entitled to review it at trial and may object to it being entered into evidence if you have a legally sufficient reason for objecting to it being entered and the judge agrees.

    2 lawyers agreed with this answer

  4. My husband moved out in November, no separation agreement , I have taken out of state job, what do I need to do to protect me?

    Answered over 1 year ago.

    1. Kathryn V. Bumgardner
    2. Leslie Hall Amos
    2 lawyer answers

    It sounds like there are many issues going on here. If he would be willing to enter into a separation agreement you could settle your property division and alimony without having to litigate it in court, this can be substantially less expensive to both of you. However, if he will not then you may need to file these claims and pursue what you are entitled to. Generally speaking the property division will be a 50/50 split for most things acquired during the marriage, so equity in the home, and...

    2 lawyers agreed with this answer

  5. We were married in Jamacia May 2006 and seperated Oct 3 2012. Do we have to wait the 1 year required by NC to get our divorce?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Amanda Bowden Houser
    3. Charles Anderson Jr.
    3 lawyer answers

    Yes, you must wait until Oct 4, 2013 before signing the complaint and filing for your divorce.

    2 lawyers agreed with this answer

  6. Who has jurisdiction in a divorce when the petitioner resides in Florida and the spouse lives in North Carolina ?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Tiffanie Charise Meyers
    3. Amanda Bowden Houser
    4. Leslie Hall Amos
    4 lawyer answers

    Since I am licensed in NC I can only say what the law is here. Either spouse who lives in NC for at least 6 months before filing and meets the other statutory requirements may obtain a divorce in NC. I'm not sure based on your question but if your spouse filed for a divorce in FL and he or she has lived there for their statutorily required period and otherwise meet their requirements to obtain a divorce then it will be granted. At least in NC you waive certain rights if they are not filed...

    2 lawyers agreed with this answer

  7. Do I have to file for legal seperation if I move out or can I just seperate for a year and then file for divorce?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Leslie Hall Amos
    3. John Locke Milholland IV
    3 lawyer answers

    There is no requirement to file anything for a separation as you have seen from the previous responses, however, it may be a good idea to consider entering into a separation agreement with your spouse, particularly if you own property together such as your home, acquired any debts or assets while you were married that need to be divided, or if there is the potential for alimony, as these rights would be waived once a divorce judgment is entered. In addition, if you have children, it would...

    2 lawyers agreed with this answer

  8. I have been married for 27 years, and stayed home with the kids for 25 years. Do I have the right to alimony?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    1 lawyer answer

    Alimony is a fault based action and can factor into whether or not a judge will award alimony. Illicit sexual acts that have not been forgiven is one such "fault" basis that a court would consider. However before considering fault, there must be a dependent spouse/supporting spouse relationship. Generally, this means that the dependent spouse is substantially dependent upon the supporting spouse to meet his or her reasonable needs. So to answer your question, maybe you would be entitled. You...

    2 lawyers agreed with this answer

  9. Need to find an attorney today to help get a divorce have been seperated for 3 years need help not wanting to pay more than 1500

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Lloyd T. Kelso
    3. Steven M. Laird
    3 lawyer answers

    Search for a lawyer in your county where you live. If money is an issue, you may be able to do the work yourself in filing for the divorce, you may be able to visit your county courthouse and see if they have a self-help packet that explains what you need to do. If you can't do that or it is too confusing, you would need to hire a lawyer. In addition, it is important to understand all of your rights and those you may waive once a divorce judgment is entered, so you may want to speak with an...

    2 lawyers agreed with this answer

  10. How would i file a counterclaim for child custody ?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Andrew Nicholas Clifford
    3. Alexis L Gasiorowski
    3 lawyer answers

    It sounds like you need the assistance of an attorney, that is, someone to answer the custody complaint and make any counterclaims you wish to assert, there isn't a "form" that the courthouse or anyone else for that matter who could provide you with a form that would work for your particular situation. An attorney would need to see the complaint, fully assess your case, and prepare an answer and/or counterclaims on your behalf. I'm sorry I couldn't give anything more helpful, but custody is a...

    2 lawyers agreed with this answer

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