Martha N. Milam’s Answers

Martha N. Milam

Durham Child Custody Lawyer.

Contributor Level 9
  1. Father wants 50/50 joint custody but we as parents dont get along or communicate @all, is this in the best interest of thechild?

    Answered almost 3 years ago.

    1. Martha N. Milam
    2. Scott E. Allen
    2 lawyer answers

    Regardless of whether you and the child's father have joint legal custody or if one of you has sole legal custody, your child still needs to have both parents in his/her life. This means that the 2 of you need to learn how to deal with each other in a civil fashion. My suggestion is that the 2 of you schedule some time with a child psychologist and receive some training on how to effectively communicate with each other. With respect to the question of legal custody, even if one of you is...

    2 lawyers agreed with this answer

  2. If I agree with what the civil summons says for divorce do I have to answer?

    Answered almost 5 years ago.

    1. Jeffrey William Gillette
    2. Martha N. Milam
    3. Michael Douglas Shafer
    4. Alan James Brinkmeier
    4 lawyer answers

    The answer to your question of whether you should file an Answer to the Summons and Complaint will depend on what specific facts of your situation. In North Carolina, the entry of a Judgment for Absolute Divorce extinguishes your right to file a subsequent claim for spousal support and/or for equitable distribution of marital and divisible property. So, if you want to preserve your right to seek an equitable distribution of marital and divisible property and/or spousal support, and if...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. I'm currently paying alimony to my wife and our agreement says she can't cohabitate, and she IS. What proof do I need for court

    Answered over 1 year ago.

    1. Rhonda Graham Young
    2. Martha N. Milam
    2 lawyer answers

    You did not say whether your separation agreement was a free standing private contract or if all or some aspcets of the Agreement were incorporated into your Judgment for Absolute Divorce. That is the first thing you must determine as it will effect the steps you will need to follow. A 2003 NC Court of Appeals case, Long v. Long, stands for the proposition that in order for a trial court to conclude that one party has engaged in cohabitation, there must be evidence that party engaged in...

    1 lawyer agreed with this answer

  4. I have primary custody of our 11 and 12 yr. old do they have to visit their dad if they don't want to statesville nc. Rights?

    Answered almost 4 years ago.

    1. Martha N. Milam
    2. Gregory J. Brewer
    2 lawyer answers

    If I understand the facts correctly, you and the father of your children are subject to a Court Order which grants the two of you joint legal custody of your children. The Order also grants you primary physical custody and the father specified visitation with the children. Since last summer, the father hasn't exercised his scheduled visitation on a regular basis. Recently, when he did exercise visitation, the father refused to transport the children back to you at the end of the visitation...

    1 lawyer agreed with this answer

  5. I am a widow. if i remarry will i be responsible for medical and/or any debts for my husband after we marry?

    Answered almost 5 years ago.

    1. Martha N. Milam
    2. Suzanne R. Begnoche
    3. Cheryl K. David
    3 lawyer answers

    The short answer to your question is "Maybe". Your and your fiance may want to enter into a prenuptial agreement to address this issue. In that document, among other matters, you could make an agreement that each of you will be solely and separately responsible for any and all debts, including health care bills, one of you may incur in his or her individual name during the course of your marriage. However, such a provision may not protect you from claims made by a hospital for the payment...

    1 lawyer agreed with this answer

  6. Can I get any portion of farm inherited in 1989. Married 1980 until Sept. 2009. Helped maintain yard for house and farm.

    Answered almost 5 years ago.

    1. Martha N. Milam
    1 lawyer answer

    In NC once a married couple is living separate and apart each spouse is entitled to seek and Equitable Distribution of Marital Property and Divisible property. Equitable Distribution is a very complex area of the law and you will be well served to consult with a lawyer in the Couty where you live to get legal advice about how to proceed. "Marital Property" is defined as all property acquired by one or both of the spouses during the course of their marriage and prior to the date of...

    1 lawyer agreed with this answer

  7. I want to leave my husband for another man

    Answered almost 5 years ago.

    1. Sarah Carr D'Amato
    2. Martha N. Milam
    2 lawyer answers

    Most unlikely. However, consult with a lawyer as there may be facts you have not shared which may help you to succeed with your claim for alimony.

    1 person marked this answer as helpful

  8. How do we undo our legal separation?

    Answered almost 5 years ago.

    1. Sarah Carr D'Amato
    2. Martha N. Milam
    2 lawyer answers

    You should take your separatio agreement to the lawyer who helped you prepare it and ask him or her to prepare an appropriate Reconciliation Agreement for you.

    1 person marked this answer as helpful

  9. Dna test says that a 9 month old child is not mine, how do i get my name off the birth certificate?

    Answered almost 5 years ago.

    1. Martha N. Milam
    1 lawyer answer

    You will need to file a lawsuit in the NC District Court in the County where you live or in the County where the Mother and child live. In your lawsuit you will ask the Court to decalre that you are not the father of the child in question; to disestablish you as the biological father of the child and rescind your affidavit of parentage, and to enter and order directing the NC Department of Vital Records to remove your name from the chid's birth certificate. Waste no time hiring a lawyer to...

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  10. Does my 10 year old daugher have to attend weekend visitations with dad?

    Answered almost 5 years ago.

    1. Martha N. Milam
    2. Alan James Brinkmeier
    2 lawyer answers

    In North Carolina, the initial determination of whether a child will spend time with her non-residential parent is one made by the trial Judge and based upon the Judge's determination of what consititutes the child's best interests. Once you are under a Court order for custody and visitation, as the custodial parent you are obligated to comply with the terms of the Order. You do not say when your daughter began to resist visits with her father. Assuming that this has been occurring on a...

    1 person marked this answer as helpful