Is common law marriage recongized in North Carolina? They are not trying to let her get some stuff to remember him by: My mom and her boyfriend lived together for right at 5 years and he just passed away. His sons are acting like she don’t matter and as far as I know if they are a common law marriage. She should have completely control over everything right? They are not trying to let her get some stuff to remember him by and she wants to get me and her something to remember him by but as far as I know she had total control over everything
Mark’s answer:
North Carolina WILL recognize a common law marriage which was validly created in ANOTHER STATE. So when we work with clients we often attempt to determine if they lived in another state at any point where a valid common law marriage could have been created. For example, there is one case where a couple stayed in South Carolina for just a few weeks and held themselves out as husband and wife and that created a valid common law marriage (that NC would recognize).
But without some legally recognized marriage then she has no control over any of this. There could possibly be some quasi contract or tort claim but with him being deceased it would be quite difficult to prove.
New Hanover Co. DSS took my kids today without giving any warrant or providing an A/N/D petition. Is that legal?:
I'm in desperate need of advice as it's late and my world was just rocked by New Hanover Co. DSS in NC. My kids(10yo/9yo/9yo/6yo/3yo) my wife and I were in the back yard swimming in our new pool and the 3 year old ran out the gate(took his lil swimmer diaper off cause he pooped in it) as soon as we weren't looking as we were cleaning the pool. Needless to say he was naked and the neighbor brought him to the front door and our 10yo daughter answered the door cause she came in for a minute. The neighbor just gave him to our daughter and left.This was about a week or 2 ago mind you. DSS comes here around 5:30 today saying they had 2 different reports that this happened.(FALSE)
We were definitely in the wrong and I'm not negating that fact, but it's not like we were drugged out. We were in the back yard I get the safety aspect, I really do. But if it was an emergency why did it take so long? Why wasn't I given a warrant for the officer to enter my home without my permission? Why didn't DSS give me ANY paperwork INCLUDING the Abuse, Neglect, or Dependency (A/N/D) petition? Is any of this illegal without them having substantial evidence proving our kids are in eminent danger?
Mark’s answer: DSS is required to investigate any allegations of abuse and neglect. They probably have not filed any petition for abuse/neglect because they don't have enough evidence. Generally if you cooperate with their investigation and they see this is not a safety issue for the child, they will drop it. If you want help with it, please give us a call.
What age can a child in N.C decide not to go to the non custodial parent?: My fiance and I have primary custody of 3 minor children, the visitation schedule only began yesterday but my step daughter who is 13 is refusing to go see her mother. We brought her with us to the drop off but she would not go, we had to have the police come over to sort it out as she was fighting with her Mom in the parking lot of the police station. In the end we could not get her to go, no matter what we said! Her mother told her at least 4 times that she did not want her to come. Are we now in breech because she would not go?
Mark’s answer:
What age can they decide? 18
However at a younger age (as young as eight if the child has sufficient maturity) the judge can consider their opinion and as they get older their opinion is given more weight.
Can you get in trouble? Not likely because you encouraged her to go in compliance with the court order and her mom told her not to come with her
You need to see an attorney ASAP and make sure you understand the proper way to handle this going forward
Best wishes!