Skip to main content
Arlaine Rockey

Arlaine Rockey’s Answers

6 total

  • I am unmarried /want to file for custody of my child. I am not able to remove myself from our current living situation ,help

    I am not able to move out and he is not willing to leave. Can i still file for custody? Can I make him leave. We are no longer together he is only staying to assist with pre school pick ups and child care. ? I have had to call the police because h...

    Arlaine’s Answer

    You can file for custody (be clear that you share your home now for the children's sake but are there at different times), but you need to consult with a lawyer about your custody case and domestic violence history on how you should proceed (whether to file only for custody or also for a 50B Domestic Violence Order of Protection as well) and hire one asap. I handle custody and 50B cases in Mecklenburg County. If you have very low income, call Legal Aid as they may be able to help you. The lawyers there are excellent. Read all the articles on my website too. www.ArlaineRockey.com.

    See question 
  • Dropping a dvpo

    how can a dvpo be removed before the year is up if I feel there is no longer a need for it

    Arlaine’s Answer

    You really should consider not dropping an existing 50B Domestic Violence Order of Protection, especially if you have children with the Defendant or another person, because your dropping it could be used by the Defendant in a custody case to say that the DV wasn't really a problem or use it against you in many other ways, or if you have children with another person, he/she could use it to say you were neglectful by not continuing to protect your children. My suggestion is to consult a lawyer to see if there is a way to modify the 50B order to make it more workable while still keeping the basic protections in place (sometimes the Defendant will consent to making the Order a little less strict), but you really need to consult a lawyer about your situation before you do anything.

    See question 
  • Can the defendant in a 50B case file for emergency custody?

    I recently took out a 50B on my ex boyfriend and our daughter is included in it also. His mother and him are threatening to file for emergency custody of our daughter. In the 50B it states that he is not to remove her from my custody and he can ha...

    Arlaine’s Answer

    It is not unusual for a Defendant in a 50B Domestic Violence Order of Protection case to sue for child custody. If that happens or preferably before that happens, you need to get a custody lawyer who has DV experience immediately. These are complicated cases, and you should not assume that just because there was domestic violence (which will have to be proven so you should get a lawyer to represent you in that case too), that you will keep custody of your child(ren), even though DV is a factor in custody cases. You will find other helpful information on my website www.ArlaineRockey.com. Read all 3 article. Get a lawyer asap.

    See question 
  • How can I get out a a marijuana possession charge, if it was in my apartment but not mine?

    I live with 3 other roommates. One of there boyfriends came over and left a clear bottle with an weed stem in it on our living room table. I came home while no one else was there to get a school book. My roommate had called the maintenance men to ...

    Arlaine’s Answer

    I'm sorry this happened to you. The problem you are facing is called "constructive possession" -- that means that if something illegal is found with the confines of a home or car that you and all the people inside are considered just as guilty because the law sees it as everyone having control over that area. So be careful who you hang with. Now, because it wasn't yours, some District Attorneys will drop the charges if the person who actually owned it will plead guilty. If you have no prior criminal convictions, there are a few other ways to get this charge dismissed. You need to get a lawyer to look at your options. I practice in Asheville and surrounding counties. Arlaine Rockey Attorney at Law 828-279-6735. ARockey@aol.com

    See question 
  • Mothers rights to visitation after temporary custody is signed over to the grand parents

    I signed temporary custody of my daughter to my parents. I really need to know what my rights still are as her mother? Do I have legal rights to visit with her? My parents and I had a verbal agreement . All of this went through their lawyer. I can...

    Arlaine’s Answer

    In NC, you still have some parental rights such as for visitation or partial custody until a court says you do not. It sounds like you need to file a lawsuit to make sure you have visitation rights. The best thing is for you to hire a lawyer. However, there is a self-help center in Mecklenburg County that has forms online which you can use anywhere in NC. This is the link--> http://www.aoc.state.nc.us/www/public/courts/meck/disk01/index.html You said that it was a verbal agreement, but by your saying that it went through a lawyer I am thinking that there is likely something in writing. You need to find out if there is any case. You can check at the Clerk's office at the courthouse of the county where you were living at the time (and where your parents were living then if different). They will have a computer where they can run all your names and see if any cases exist. If so, you need to have them pull the file and you need to copy the papers in it if it is a custody case involving your child. If there is an existing custody order, you need to file a Motion to Modify Custody or Visitation in that same case. In NC, even temporary orders are legally considered permanent if they are over a year old and no party has filed any motions to change the temporary custody order. If that is the situation, you need to allege that there has been a substantial change in circumstances effecting the child and list out all the things that have changed since then in your Motion. It would be best if you can hire a lawyer, but if you cannot afford one, then use the forms from the self-help center.

    See question 
  • If a child is in foster care can the parents sign over parental rights to a family member, and the child go with them?

    child foster care parental rights

    Arlaine’s Answer

    In general, if a child is in foster care, that child is in the legal custody of the state. Thus, you probably cannot sign rights directly over to a family member unless the state (CPS) agrees to it. Some states require that you only give up your rights so that the child can be placed for adoption by the state, and that the family member apply to adopt the child through the state's adoption procedure, which will mean that they must be approved by the state first before they can adopt the child. Your best bet is to first ask the foster care agency to place the child in the physical custody of the family member instead of with foster parents. This should help the process along. If your child is in foster care, you should have a right to an attorney. You should ask for an attorney to be appointed to represent you if you cannot afford one, then ask your attorney to advise you and, if you decide, to help you achieve this goal.

    See question