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Matthew Robert Arnold
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Matthew Arnold’s Answers

23 total

  • Do i have any right in NC? Can the courts order child support?

    Child's mother was married when the child was conceived and still is. The child has the husbands last name. Child was born in NC, still lives in NC, the child is 3 years old.

    Matthew’s Answer

    A case like yours can be very complicated and can turn on any of a number of fine details. I strongly suggest that you consult with a competent family law attorney as soon as you are able.

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  • My question is about separation and divorce. My husband and I are separated and are having horrible problems.

    The topics we are having problems in rang from agreed spousal support to custody problems I need to figure out what to do.

    Matthew’s Answer

    I urge you to talk with an experienced family law attorney as soon as possible. In separation and divorce cases, time can often be of the essence. The passage of time can, in many instances, have a detrimental effect on your legal rights and your legal position. If you schedule an initial consultation with an experienced divorce lawyer, then you can bounce all of your questions off of them and make sure that your legal rights are protected. Best of luck!

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  • How to gain permanat custody for a minor child...currently hold temporary non preduj custody, not the birth parent.

    I have cared for this child for nearly 16 months while parents are going through custody battle. Child is three years old and has been going through this since the age of nine months. 16 months ago,the father voluntarily signed up for a third tour...

    Matthew’s Answer

    As you probably already know, cases like yours can be very complex. A parent's right to parent their child is constitutionally protected. Also, there are laws in place which impact how custody cases are handled (and to what extent they may proceed) when a member of the armed forces is deployed. As in all custody cases, the details are very important and will weigh heavily on the outcome. There are very important details, beyond those in your post, which will likely have an impact on how things shake out. I strongly suggest that you consult with an experienced family law attorney as soon as you can.

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  • Can I take my sons father back to court?

    I have my son for 8 days his father has him for 5 days, this is court ordered. My son is 8, he father constantly bad mouths me and constantly says something to our son about the difference in the days and keeps telling my son that it is his choic...

    Matthew’s Answer

    Filing a Motion for Order to Appear and Show Cause (for Contempt) might be an option. The Court has the power to hold a parent in criminal or civil contempt of Court if they willfully fail to comply with an Order of the Court. If held in contempt, a parent can be fined or imprisoned. Another option might be to file a Motion to Modify Custody. There are other options which might fit. You really should consult with an experienced child custody lawyer to review your paperwork and discuss your options with you. Feel free to contact my office if you would like to consult with on of our four child custody lawyers.

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  • What can I do to prevent this from happening?

    My wife and I recently started talking about divorce. We are not citizen of the USA but residents. We have lived here for over seven years. The reason for divorce is that she has comitted adultrey and want to go with the other man. We have two chi...

    Matthew’s Answer

    I think you need to immediately retain an experienced child custody lawyer.

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  • I have my son with a guardian. Can i get full custody do to the fact that the guardian is unfit living off wefare checks?

    The custody order is perment but i have visits and pay child support.

    Matthew’s Answer

    It is difficult to say without seeing your paperwork and knowing more about your case. But, based on the information you shared, it seems like you may be able to file Motion to Modify Custody. Under North Carolina law, you would have to show that there has been a substantial change in circumstances affecting your child which occurred since the entry of your Order. If you could meet this burden, then the Court would again be empowered to rule based upon the best interests of your child. You should definitely talk with an experienced family law attorney sooner rather than later.

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  • My wife put a restraining order on my mom.

    My wife put a restraining order on my mom. I ordered a transcript and she lied in front of the court. Is the word perjury valid? I have evidence and proof she mislead the judge to get what she wants. What can I do?

    Matthew’s Answer

    You should definitely have your mom consult with a qualified lawyer as soon as possible. Have her bring with her all of the paperwork she has received. Depending on how things transpired, there may or may not be anything you can do about it at this stage of the case. If it was just a temporary order, then your mom will have more options than she will have if it was a review or "permanent" hearing. Even if it was a "permanent" hearing, she may still have options available to her.

    Good luck!

    Matt

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  • I live in NC with my children, am I required by law to meet my ex-husband half way to get kids for his visitation

    I would like to get our visitation case moved to the home state of the children

    Matthew’s Answer

    You need to talk with a lawyer as soon as you can about possibly registering your Order in North Carolina. Without seeing the paperwork and knowing more about the facts of your case, it is very difficult to know whether you need to meet him 1/2 way for his visitation.

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  • Can i get in trouble for takeing my child from daycare

    i had affair on wife im im now with that woman and my ex doesnt want my child around her or 2 spend the night with me can she stop that because she doesnt like my girlfriend they also went 2 court n case was thrown out 4 harrashing each other so n...

    Matthew’s Answer

    In custody cases, the devil truly is in the details. So, it is difficult to assess your situation without more details. But, if the safety issue truly is a subterfuge, then I think the Court would be likely to grant you parenting time with your child over the objection of your "ex." The details of that parenting time would depend on the facts of your case. You should definitely go talk to a family law attorney as soon as possible to learn more about your rights and your options.

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  • Can I get a restraining order against my wife for our 3 year old?

    Last August, my wife took out a restraining order the day she moved out with our son. She was told to do this because it was like emergency custody. She has moved out 6 times in the past 2year and when she was doing it again, I would not let her...

    Matthew’s Answer

    You need to talk with a family law attorney pronto. Based on your description, you may be in violation of whatever Order was entered previously. If so, she may be able to use it against you now that things are flaring up again. Domestic Violence Protective Orders (even if entered by consent) can be like playing with fire because, among other things, a violation can result in an independent criminal charge (even if the alleged violation would not otherwise be criminal). Also, it sounds like you need to file a custody action (under North Carolina General Statutes Section 50) to address the child custody issues rather than relying on the domestic violence statutes.

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