Skip to main content
Ivan Henry Mousaw

Ivan Mousaw’s Answers

5 total

  • Do I need an attorney to file child custody papers? Can I sue for back child support?

    I want to file custody papers for my daughter. I want it set in stone that I have physical custody of her and her dad has unsupervised visitation that he and I can agree upon with a court mediator. He has always treated his daughter like an after ...

    Ivan’s Answer

    You can certainly file the case and represent yourself in this situation, but I highly recommend seeking an attorney. For further advice or guidance you can try calling the Council for Children's Rights in Charlotte, NC.

    See question 
  • I am 19 and i got caught shoplifting 13.00 worth of jewlery. Am i going to jail?

    I cooperated 100% with the police and i didnt give them any trouble and i have a court date in a few months. Is there anyway that i will end up going to jail? Ive never stolen before i have a clean record and this is my first offense.

    Ivan’s Answer

    Based on the information that you have provided, it is unlikely that you will go to jail. As a first time offender who cooperated, the prosecutor will likely just seek probation of some kind. I cannot say that you will definitely not go to jail, however. You should seek an attorney to represent you, despite the small amount of merchandise shoplifted.

    See question 
  • My husband made me sign a Prenupt Agreement 1day before wedding with unfair conditions.Later Can I fight for my rights in court?

    Although I signed the Prenuptial Agreement, Can I go to a curt and fight for my rights? or the fact that I signed the document means I have no options? Conditions are 1)HE WONT pay child support after divorce. 2)Child WILL HAVE TO live in USA unti...

    Ivan’s Answer

    • Selected as best answer

    This agreement is certainly worth fighting. I recommend getting a lawyer to review the agreement itself. All restrictions on child support/custody will not be valid. The court must make those decisions "in the best interests of the child." The threat that you felt prior to the wedding may also help invalidate the prenuptial agreement altogether. Again, you should seek counsel to ensure you and your child will be adequately protected.

    See question 
  • How do I make decisions for my disabled child after they turn 18?

    My child has Downs Syndrome and has been receiving special education his entire life. He turns 18 soon and I want to continue making all of his education decisions and general life decisions. What do I need to do?

    Ivan’s Answer

    • Selected as best answer

    Well, there are two things that you need to do. First, you should get an affidavit signed by your child giving informed consent to allow you to make all of their education decisions. If your child lacks the capacity to give informed consent, which is likely with a child with Downs Syndrome, then you should get an affidavit from your child's physician indicating that in their professional opinion, your child lacks the capacity to give informed consent and that it would be in the best interest of the child for their education decisions to remain with you, the parent, after the child's 18th birthday.

    To obtain the right to make your child's other, non-educational, decisions you will need to seek an adult guardianship. This process is a bit more complicated and may require the assistance of an attorney. However, there are self-help centers at most courthouses in North Carolina. If you live in a county with a self-help center, you should be able to find a packet there for guardianship proceedings. You can start the guardianship process as early as 6 months before their 18th birthday.

    See question 
  • Can I refuse the breathalyzer interlocking ignition system and have my license revoked asking for no limited driving rights?

    I received a DWI in North Carolina. I blew a .17. Would there be any benefit to not asking for limited driving privileges and just having my licenses revoked for a year. I would have myself removed from insurance coverage. I cannot afford the brea...

    Ivan’s Answer

    Well, there are a few prerequisites to getting the limited driving privilege. If you choose not to pursue the limited driving privilege, you won't have to jump through the hoops to get it done, and you may also save on auto insurance if you don't drive.

    See question