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Mark S Williams's Answers
Contributor Level 14
- 557 Legal Answers
- 3 Legal Guides
2
Attorney answers:
North Carolina child custody laws, can a child decide which parent to live with
In North Carolina, a child's wishes is just that - their wishes. A judge will consider their wishes but the child does not decide which parent to live with. Were the parents to allow the child to make the decision, they would be allowing the child to take the role of the parent. It is the parent's job -- and the Court's in a custody case -- to decide what is best for the child. The court will consider the child's wishes as merely one factor. Most children age 9 and older are able to...
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2
Attorney answers:
When a Judge has been recused from a case can that same Judge denie motions from defendant?
Are you sure the motions were ruled on after the recusal? Call the Clerk and find out for sure. Does not sound right.
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Attorney answers:
My wife had a friend of hers go to the courthouse and fill out a 50B in my wifes name and signed my wifes name.
If you can prove that, then the verification that was signed under oath was perjury on the part of the friend and the friend could be criminally charged as well as be subject to Rule 11 Sanctions (ordered to pay your attorney fees). As to your wife, it may be harder to prove she knew about this or asked for it to be done. But if you can, she can also be in hot water. See an attorney ASAP!
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3
Attorney answers:
Lawn Firm Not Signed Receipt
You are supposed to file the exemptions you are claiming with the Clerk of Court. Some counties will automatically schedule a hearing to determine what exemptions you will be allowed to claim. FInd out with the Clerk whether the creditor filed your exemptions for you after they received them. If not, mail them in ASAP. You generally only have 20 days to file your exemptions.
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Attorney answers:
What can i do if my daughter isnt enrolled in school (at 7 yrs old) ?
Disagreements about the child's education and what is in the child's best interest regarding education are one basis for the court to modify child custody. A substantial change of circumstances could in fact be the fact that the child has reached the age of school attendance and the parties cannot agree on the child's education but it will largely depend on when the last order was entered and what other factors exist in addition to the school issue. Also, whether you have joint or sole...
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2
Attorney answers:
Can I bring a malicious prosecution against my spouse that used false D.V. claims to gain advantage on the divorce?
Our Firm has brought actions for malicious prosecution and/or abuse of process. Since the allegations were made in a pleading filed against you -- with all due respect to my colleague who answered first -- I don't believe you can sue for libel or slander (defamation) as statements in a lawsuit are generally immune. I do agree it is a "he said / she said" but depending on the specific facts, you may have a claim. Was this helpful? Please let me know by clicking the "thumbs-up" image at...
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4
Attorney answers:
Return phone calls/email correspondence in custody case
An order of the court is not effective until (1) reduced to writing, (2) signed by the judge, and (3) entered by the Clerk of Court. See Carland v. Branch! Check the Onslow County Local rules (See nccourts.org). There are often timelines required for entry of an order. Onslow County Local Rule 6.2 requires the entry of an order within 30 days. If not entered in 30 days, Local Rule 6.3 requires it be calendared for entry of judgment. I don't understand why you can't get another...
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Attorney answers:
Is there anyone out there who would be willing to represent this woman pro bono to appeal her custody order?
If this was posted by Alaina Giordano, please contact me directly.
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3
Attorney answers:
Divorce during a bankruptcy
In North Carolina, if you file an action for equitable distribution then all of the marital assets and marital debt (including the bankruptcy) is split 50-50. See an attorney. The separation agreement having you assume the bankruptcy could be reasonable but I am unable to tell without seeing the entire agreement and what the trade offs are.
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2
Attorney answers:
Is it okay of for an attorney to show for court 3 hours late -while opposing counsel waits? How should a judge react to this?
Professional behavior warrants an apology to the Court and those affected. However, the question of sanctions is clearly within the discretion of the court. It is likely that this was unusual for that attorney and the Court knew this and would not entertain sanctions.
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