Eric Carl Trosch’s Answers

Eric Carl Trosch

Charlotte Divorce / Separation Lawyer.

Contributor Level 8
  1. Ex-Wife Now Wants A Parental Agreement Because I have a Girlfriend

    Answered over 1 year ago.

    1. Eric Carl Trosch
    2. Michael Ferrin
    2 lawyer answers

    This is not atypical for someone in your situation. Introducing new significant others to the children is a common concern. It is a little less normal to have this occur 5 years after a separation, but it is normal for a Mother to have concerns. Normally, this can be assuaged by sitting down and answering all questions about the person with whom you are in a relationship. Sometimes meeting her will help as well. It appears that you have already tried this and it is more about jealousy....

    5 lawyers agreed with this answer

  2. My husband and I have been seperated for a year in NC. He recently moved to Europe and has no address. How can I get a divorce??

    Answered about 2 years ago.

    1. Eric Carl Trosch
    2. Jeffrey Miles Cooper
    3. Peggy Margaret Raddatz
    3 lawyer answers

    You need to hire an attorney to navigate this process. You have to serve your Husband in a manner consistent with the Hague Convention if he is in a country that has signed on to the Hague Convention. Many are not in the Hague Convention, then you must serve according to the Rules of Civil Procedure. Even experienced attorneys can have great difficulties serving people out of the country.

    4 lawyers agreed with this answer

  3. I am a single parent in Charlotte and have never been married. Do I have full custody of my son?

    Answered over 1 year ago.

    1. Eric Carl Trosch
    1 lawyer answer

    There is a very complicated question underneath what you asked. In short, no one officially/ legally has any "custody" much less "full custody" until a Court awards that person custody. This can be done by agreement that becomes a court order (a Consent Order). Until this occurs neither parent has any superior right to custody of their child over the other parent. So if you and the Father were in a parking lot arguing over who should take your son and the police came, they could not require...

    3 lawyers agreed with this answer

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  4. 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

    Answered 9 months ago.

    1. Eric Carl Trosch
    1 lawyer 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...

    3 lawyers agreed with this answer

  5. I am in Mecklenburg county, Charlotte, NC and have an R65 consent order in place that I would would like to change. Can I?

    Answered about 1 year ago.

    1. Eric Carl Trosch
    2. Rebecca K. Watts
    2 lawyer answers

    As long as all of the parties agree you can draft up a new consent order. Typically a judge will sign the order unless any provisions are contradictory to public policy. It is normally wise to hire a professional to assist you with a complicated matter such as this, but you are allowed to represent yourself. The words that you include will be important and you may not have another chance to convince the other side to sign off on your agreement a third time.

    3 lawyers agreed with this answer

  6. Is there a certain format needed for responding to a complaint for divorce from bed and board, post seperation, support, alimony

    Answered over 1 year ago.

    1. Eric Carl Trosch
    2. Lloyd T. Kelso
    2 lawyer answers

    Yes there is a format to most legal documents, but that is less important then the content in the reply. It would be impossible to fully explain how to format the response. The key is to respond to everything honestly and to be sure you assert your claims properly. It may be wise to go to your local courthouse and get a 30 day extension. The clerk will likely help you find a form to do that. Get the extension and set up an initial consultation with a board certified family law specialist...

    3 lawyers agreed with this answer

  7. Can I drop child support on my 9 month daughter and still receive her medicaid benfits?

    Answered about 2 years ago.

    1. Eric Carl Trosch
    2. Glenn S. Doyle
    3. Lloyd T. Kelso
    3 lawyer answers

    Child Support enforcement will require that you cooperate in seeking support from the Father in order for you to receive benefits from the government. I doubt you could terminate the support order even if you wanted to without someone stepping into his place to provide for the child (adoption).

    3 lawyers agreed with this answer

  8. How do i get a husband out of the house who clearly is there just cause...

    Answered over 1 year ago.

    1. Eric Carl Trosch
    2. Adam Wilson Arthur
    2 lawyer answers

    This is one of the most difficult things to do in North Carolina, unless you can convince him to leave peacefully. Some avenues to explore are a Divorce from Bed and Board, filing for custody and asking for the house to be granted as child support, moving out briefly and then filing for Equitable Distribution and an interim distribution. All of these types of relief are very difficult to achieve (if achievable at all) and you will need the help of a family law attorney.

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  9. What does this statement mean; Unless displaced by the provisions of this Article, the principles of law and equity...?

    Answered almost 2 years ago.

    1. Eric Carl Trosch
    2. Jason Gaurav Dalal
    2 lawyer answers

    This is probably something in a larger agreement and clearly follows another provisions. All by itself it makes little sense- It starts with "Unless" that means there is important information prior to the statement. In fact, it really is not a statement and is only part of a sentence. I would suggest taking the agreement to an attorney to review the whole document. I imagine the more important substantive portions of the agreement precede this statement, which is more contractually related....

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  10. My 2 year old in danger!!! Help

    Answered about 2 years ago.

    1. Eric Carl Trosch
    2. Michel C. Daisley
    2 lawyer answers

    If you feel immediate danger or have had threats of imminent serious physical injury you should call the police. There are also victim's assistance agencies that help with domestic violence issues. If you are able to convince the Court to issue a restraining order ex parte, then you should hire an attorney to help you with the return hearing that will occur within 10 days (typically). There are some issues that may not allow you to get a "50B" domestic violence restraining order, depending...

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