Lloyd T. Kelso's Answers

How do I proceed with the original divorce complaint. What motions do I need to file.

If there is a prior pending action in NJ, then you can file a motion in NC to stay the action until the NJ action has been heard by the court and a judgment entered. You can read about this in my book, "Kelso, North Carolina Family Law Practice, 2008."

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Lawyers from both sides meet with the husband and not the wife?

When the wife hired the lawyer, her lawyer had a duty to protect her interests. Her lawyer does not leave that obligation behind when meeting with the husband and his attorney. So, the meeting was ethically okay. However, the wife's attorney must communicate any settlement offer made during that meeting, or any other offer for that matter. It can be a good strategy, in certain situations, for the opposing attorney to meet with one party or the other alone. I do it many times in cases where...

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My parents have legal guardianship of my 14 yr old son. They have signed him over to foster care & I want custody.

If the child is in foster care it sounds to me like there must still be an active juvenile case. If so, that would prevent you from filing motions in the custody case at this time. The juvenile case takes precedence in that situation. If I were you, I would consider spending the money to hire an attorney. An investigation needs to be done to see what the true legal status of this child is at this time. You may want to file a motion to consolidate the juvenile matter with the custody case. That...

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Is it legal for someone to take back a gift?

First, you must determine whether the bedroom set was a gift. Are there any witnesses to the gift? Did your parents allow you to take possession of the bedroom set? If so, then it is yours and they cannot legally take it back.However, if a dispute arises as to who owns the bedroom set, you may be required to prove your ownership. This may be from witnesses who saw your parents make the gift or have heard them make statements about having given you the bedroom set. Second, if the house is in the...

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I took out a DVPO on former boyfriend, I did not go to court. Then he took one out on me saying i was stalking him. then i took

If you were my client, my first adominition would be "You guys need to Grow UP." Quit playing games. If you do not want a relationship with him, stop tell him to leave you alone and stop communicating with him. Quit using the valuable resources of our court system, which is already over burdened with real problems, to keep filing cross warrants and 50B complaints. Dismiss the cases and leave each other alone.

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What steps do I have to take to get the non biological father off of my 5 year old birth certificate

Take a copy of the DNA test results to the Register of Deeds where the birth certificate is on record. Ask them to amend the birth certificate to remove the name. If they refuse, you may be able to have it done through State Vital Statistics. If all else fails, file a complaint against the biological father for paternity and request the birth certificate be amended in that action.

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When I was 8 months pregnant my son's biological father went to prison, can he have rights 2 years later?

I would add that you may want to file for custody and chlid support. Once the biological father is served with papers, your attorney and his attorney may decide to talk about settling by the biological father agreeing to consent to a stepparent adoption. It would save a lot of money if he will consent to adopt and you don't have to go through an expensive termination of parental rights case. It sounds as if you have a good father for the child who may be willing to adopt. You want to take...

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Is there a form i can go by to do my answer to divorce compaint

Yes. I have a form in my book, Kelso, North Carolina Family Law Practice (2008). You will find it on my web site.

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Can I amend a consent order in a child custody case concerning 13 year old child? If papers were never followed by.

You present something that is quite typical for parents. Often a child custody order is entered, then neither parent abides by the order until something happens that upsets one of the parents. At that point, the order becomes a big issues again. I recommend that you hire an attorney and file a motion to modify custody alleging all the changes that have occurred since the first order. Particularly allege all the time the child had been spending with you with the consent and approval of the other...

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I see my children more than 50% of the time. Why do i have to pay child support?

The North Carolina Child Support Guidelines are based on a shared income model. Even though you may have the children more than 50% of the time, you may still owed child support. If you can prove she is not spending the money on the chldren, that she is purposely depressing her income, or other misconduct, the court can modify the support. You may also be paying for insurance or other benefits that are not being included. You should see an attorney about these issues. He/she may be able to file...

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