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Eric Carl Trosch
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Eric Trosch’s Answers

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  • My grandkids mother is unfit never gave my grandkids a stable home. She's taking them out of school in sc and taking them to vb

    My grandkids has only been in a stable home and taking care of decently between the beginning of 2012 to the end of 2012. I was taking my son and my grandkids mother to court for child neglection we were waiting for a court date and my son took t...

    Eric’s Answer

    It appears that the children have not lived in NC for several years and there is no active case in NC. Depending on how long the children have been in Virginia or SC, you should either contact a SC attorney or Virginia Attorney, immediately. Most states, including NC, provide ways for third parties, like Grandparents, to obtain custody of the children. If the children are in danger of abuse or neglect, then Social Services may need to be called.

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  • I am filling out a Quit Claim Deed form.

    I am divorced. My name is the only name on the deed but both names are on the mortgage. When filling this out, do I list us both as the grantor and only myself as the grantee? Please help. He is calling the mortgage company changing address, etc.

    Eric’s Answer

    This question may be more of a Family Law question, then a Real Estate question. The answer to your question will depend on how your divorce and/ or property division were resolved and what it is that you want accomplished. From the facts listed, I am not sure why you would need a quit claim deed. If you already own the property in your sole name, then I am not sure why you need your ex to sign a quit claim deed for you. If however you want to transfer the property from you to your ex, then you should require him to first get a refinance to remove yourself from the loan prior to transferring your interest to him. In either case you want to be sure you are complying with your Separation Agreement and/ or your Divorce related Orders. The key here is to get the appropriate advice for your situation from a Family Law specialist. Forms can be helpful, but using the wrong form or the right form in the wrong way can lead to a very expensive mistake.

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  • What can be done if the judge personally knows the plaintiff s family and a recuse has been denied.

    There was a 1050 B against the defendant and no civil case has been heard,temp parenting agreement in in favor of plaintiff with no DV conviction.the child has has no contact with mom since 11/14 .defendant asked for GAL and the judge gave no answ...

    Eric’s Answer

    If the defendant does not have the funds to hire an attorney, then you should ask legal aide to assist in the matter. Unfortunately, this is not a typical case that legal aide would take, but again the defendant would need to ask legal aide to find out. If at this point the defendant cannot find enough funds to retain a private attorney and the Counsel for Children's Rights (GAL) is not appointed, then unfortunately the Defendant will need to proceed pro se (without an attorney representing the defendant or the children). There is also a self help center at the Mecklenburg County Courthouse that may be able to provide the defendant with some legal forms, but they do not give out legal advice.

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  • Do I have to give my child's father my new address?

    I have a permanent custody order and it doesn't state anything that I have to. I moved just a mile from my former address. It doesn't disrupt his visitation or any changes. He lives 3 hours away.

    Eric’s Answer

    I agree with the prior posts as well, but there are other issues to consider as well. While the order does not require you to give him your address, the actual case law of North Carolina (as well our local judges) indicates that you should promote the relationship with the non-custodial spouse. Keeping the Father informed could be very helpful evidence for you at a Motion to Modify Custody hearing. Further, while letting the other parent know of major changes affecting the child is important legally, it is equally as important as a preventive measure. This simple omission has lead many aggrieved parents to file motions for contempt or motions to modify custody. Even if I am able to get a favorable result in court for my client defending against these claims, the lawsuits can be costly. So from a cost benefit standpoint it would appear to be a good idea to provide him with your address.

    However, there are also very legitimate and good reasons to keep him in the dark, that you may want to discuss with your lawyer. The most frequent circumstance is if there have been issues of domestic violence or stalking. In those circumstances, it may well be appropriate to keep your address secret. Prior to making that decision you should speak with a lawyer.

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  • What is the best legal way to get my 15 yr old daughter back?

    At age 1, I was granted by a judge joint custody, where I am primary, he gets e/o weekend, she has resided with me for 15 years, until 3 months ago. She decided to move in with her Dad for the 1st time, who then drew up a new agreement, stating s...

    Eric’s Answer

    You need to see a lawyer to be sure that you do “legally” get your daughter back. As you know you should not have signed a legal document without having an attorney look at it first. Likewise, an attorney will need to read your current order and the new "agreement" to see how to best help you. It is important to proceed cautiously with full understanding of your rights. Unless the order has been superceded by a new order, the old order controls. An agreement cannot typically overturn an order of the court unless the "agreement" is also signed by a judge, which makes the "agreement" and consent order. You need to check to be sure that this has not occurred. While it may be tempting to grab your daughter from school, it may not be the best long term result. It may be best to have a lawyer contact him and/ or file a motion for contempt under the original order. If the original order is still valid, then you can enforce it against the Father. The first step is to meet with a family law attorney that can help you determine your best plan of attack.

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  • I let my son go today with his father. He never brought him back at said time. Won't answer phone and police won't help

    He has never spent the night at his house always with me. I went to his house but he wasn't there and police said there is nothing they can do since we have no court order? So where is he and my son. What about school tomorrow? I am going crazy

    Eric’s Answer

    I am sorry you are in such a difficult and nerve-racking position. An attorney would need to know more information to fully advise you.
    Since you do not have a court order for custody, the Mother and Father (there are exceptions to this if the child was born out of wedlock) would have equal rights to have custody of the child. That means that the Father would have the right to keep the child until the Court orders him to give him back. Likewise, you have the right to pick up the child from school. That said, you need to develop a long term strategy to assist you to get the long term visitation order that you want. Yanking the child back and forth is very damaging to the child emotionally and could be very damaging to your long term custody case.

    You need to seek immediate legal advice from a local family law attorney. If the right facts exist, you may be entitled to seek an emergency order or a temporary parenting order. Is the Father dangerous or leaving the area? You do not want to act too rashly and end up with a short term win, but a long term loss. That said, you need to protect your child from actual harm. You need to contact an attorney immediately. It can be difficult to get in quickly with a good attorney. Explain the urgency of your situation.

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  • Ex husband trying to take me to court for moving out of a state he doesn't even live in

    Hi - I have sole custody of my 13 year old daughter since 2011. Her father has no visitation and never has made a motion to get it. My daughter and I had been residents of New Jersey for her entire life and her biological father moved to Arizona 1...

    Eric’s Answer

    I agree with the prior posting interstate custody actions are some of the most complicated cases and need the attention of someone who specializes in family law. If New Jersey has signed onto the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act), then it appears that the proper jurisdiction would be North Carolina as the home state. You should have an attorney register the order in North Carolina. During this process the North Carolina Judge and the New Jersey Judge will conference with one another and decide whether to release the case to North Carolina. Assuming that New Jersey has signed off on the UCCJEA and not modified it, then the New Jersey Court should release it to North Carolina. The UCCJEA was written to prevent two courts from asserting jurisdiction. Unfortunately, this is a very complicated process and sometimes the Court will get confused by the UCCJEA and not release the case. Also, I have been involved in cases in New York where the other parent filed a lawsuit repeatedly and it was very difficult to get the case dismissed in New York even after the North Carolina Court asserted jurisdiction.

    It is difficult to get a restraining order against a Father for not releasing a child's information. In North Carolina you would need some additional facts to go that route. You could also try to modify the custody order to provide for language in the order that he not release her information. It sounds like you need to meet with a North Carolina family law attorney to assist you in developing the appropriate strategy.

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  • My Ex pays his Alimony late every Month and now this Month won't pay me. No $ for Atty and I have 1 child. What can I do ?

    I have an Alimony Order for him to pay. I can't afford an Atty, If he does not pay me , I will lose my Home.

    Eric’s Answer

    You would need to file for Contempt against your ex-husband. Ideally, you would seek a show cause order that would shift the burden of proof onto your ex. Contempt is a complicated procedure, depending on if you seek criminal contempt or civil contempt. In Charlotte there is a self help center that may be able to help you by giving you a form. You will be held to the same standards as an attorney and you have to comply with all of the deadlines and requirements of the local court. Thus, you will need to research all of the relevant law and the local rules. This may be too difficult for you to accomplish on your own, but you are entitled to represent yourself.

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  • Does a restraining order against a parent automatically mean no contact with the children? even if they usually reside with mom?

    victim was denied restraining order, the aggressors were granted restraining orders immediately after physical altercation took place at victims home . victim jailed on DV charges & told by law shes not able to see or take her children

    Eric’s Answer

    It is very important to comply with the restraining order as it written. In North Carolina the orders are typically written on a state form. There is a lot of information contained in the standard language. The only way for an attorney to fully advise someone on these issues is to read the order and more ully discuss the issues involved. Typically, if custody is addressed at the hearing there will be several additional pages attached to the standard order providing visitation. In those cases often the alleged abuser will receive specific visitation times for the alleged victim and alleged abuser. In other cases, the restraining order is for the benefit of the minor child and the child is a party to the action. In those cases the alleged abuser is prohibited specifically from seeing the child until certain conditions are met like a nonviolent counseling program for domestic violence abusers. Sometimes, the child is never brought up in the complaint or at the hearing. In these circumstances the visitation rights are in limbo and need to be resolved through the family court (custody) process. It appears that the mother contacted the police, but was arrested as the alleged abuser. In order for the mother to be able to see the children, she would likely need to assert her custody rights. This is a very complicated situation and the Mother needs to seek immediate legal help.

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  • Sir I have two children ,basically Indian , living in US. With h1 . My husband is suspecting my childrens

    Sir I have two children ,basically Indian , living in US. With h1 . My husband is suspecting my childrens and even I m 100 perc. True to him, I don't know how to convenience him, but I want my husband for my children. Pls help me how to prove my c...

    Eric’s Answer

    Sometimes it is hard communicating in a foreign language. I assume you want to convince your Husband that your children are his children. The best way to do this would be to do a genetic test. You can do this through several confidential services. You do not need a lawyer to do this, but may need one if you have a separation and need to seek custody.

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