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Allison D. Khan

Allison Khan’s Answers

84 total


  • What are the steps I need to take to make a requested adoption happen smoothly?

    Allison’s Answer

    You should never undertake to do an adoption without an experienced family law attorney. Adoptions are very complex and riddled with pitfalls. You are best advised to set up a consultation with a local, experienced family law attorney if you are seriously considering this as an option. Good luck!

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  • In the state of North Carolina can you be forced to legally sign away your rights to a child because you are incarcerated

    Allison’s Answer

    This is actually a fairly complicated question that is best explored by consulting a local, experienced family law attorney. I recommend this because it may be wise for you to find out, comprehensively, what your husband's rights are and what dangers to look out for should the mother of the child engage in some legal maneuvering that may affect your husband's rights. Speaking very generally, North Carolina has a public policy of NOT allowing parents to sign away their parental rights. In fact, if a parent wants to terminate the other parent's parental rights, that parent must go through a legal proceeding to do do, called Termination of Parental Rights. If your husband is served with such a proceeding. he will be entitled to appointment of court appointed counsel to assist him in his defense. Certainly a consultation with a local, experienced lawyer will enable you to become more educated on the effect of continuing to pay support versus not paying support and many other areas. Good luck to you!

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  • How can I get him to pay half the mortgage payment until the house is sold? Will I owe half the credit debt that is in his name?

    Allison’s Answer

    In the county of your residence (if it is Union), consultations for domestic work run from as low as $100.00 up to $400.00. It sounds like you have a number of issues relevant to your case that you may benefit from a domestic law consultation. Usually consultations are about an hour, just enough time for an attorney to hear about your case, some pertinent facts and be able to explain how the law works in our jurisdiction and how that law may be applied in your case. I recommend that you use someone local and who is experienced in handling equitable distribution cases! Good luck.

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  • How do I obtain custody of my granddaughter?

    Allison’s Answer

    I agree with Mr. Whittaker that you will need an attorney that is experienced in DSS work, since you mentioned that DSS is involved. Grandparents only have rights to custody of children in limited situations when afforded by statute or developed case law. You have a very high legal burden to meet attempting to get custody in those limited ways. These are very nuanced cases and involve steep legal burdens to meet. Also, as Mr. Whittaker said, it is potentially a completely different legal process if DSS has taken custody of the child, versus if they have not taken custody of the child. It would be advisable to have a consultation with an experienced family law attorney or firm with a track record of experience in DSS court. This will assist you in understanding some of the law and procedure for your case and also developing an idea whether the facts of your case enable you to move forward with filing such a claim. Good luck!

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  • How do I file an ex parte custody motion

    Allison’s Answer

    You would have to initiate a new child custody proceeding, if no order has ever been entered by a court, or file a motion to modify, demonstrating the necessary legal standards and allegations for a modification of a prior order. I really recommend consulting with an experienced family law attorney who can give you good guidance on what you should do and when you should do it. Go armed to the consult with all paperwork you can get your hands on, such as any prior orders, the DUI paperwork, etc. If the child was injured in any way as part of the DUI, such as an accident, you may be able to proceed under the domestic violence statutes. Good luck!

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  • Why am I still going to reviews if the case transferred outside of the initial courts jurisdiction?

    Allison’s Answer

    The facts, as described, bring up a multitude of issues. You could greatly benefit from a consultation with a family law attorney who is local to the jurisdiction where you are having to go for these reviews. Take all your paperwork with you. Unfortunately, certain issues can be transferred to another jurisdiction because it is jurisdictionally and factually appropriate to do that. Often with child support, however, jurisdiction is maintained for enforcement of the CS order in the state and county where the defendant lives. Good luck!!!

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  • Do I need a lawyer for family court in South Carolina?

    Allison’s Answer

    Family law issues often are very complicated, fact driven and nuanced. I most always recommend obtaining counsel to represent you in family court proceedings, or at a very minimum, consulting with someone (or more than one) to see what your possible issues are. Mr. Whittaker is correct that new provisions have recently been passed relating to bringing suits in court against military personnel, so I think it very important for you to see an experienced local family law attorney in the county and state in which she has filed to assist you, ensuring that not only your divorce goes through, but that also your family court case goes smoothly.

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  • IS IT illegal to have your girlfriend live with you while being seperated

    Allison’s Answer

    I think that your statement "living with your girlfriend" has suggested other activities addressed by the other attorney who answered this question. While I tend to agree that fornication with a person other than your spouse is still on the books in North Carolina, it is not commonly prosecuted. In fact, I am aware of no prosecutions in my county since I have practiced law here. But, no lawyer is going to advise you that conducting yourself in this manner is a good idea. Having said that, "living with your girlfriend" often involves other behavior with your girlfriend that could present difficulties for both you and her on the civil level, such as alienation of affection or criminal conversation. In addition, activities after your date of separation could raise an inference that some marital misconduct was being carried on prior to your date of separation. Certainly sitting down with an experienced, local family law attorney could prove beneficial, not only for the question that you have posed here, but also for other issues relating to your divorce, such as division of your marital assets and debts, child custody, alimony, etc. In short, my lawyerly response is .... don't do it! Good luck.

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  • I need child custody lawyer

    Allison’s Answer

    I highly recommend finding an experienced local lawyer who is familiar with the jurisdiction where your case is currently filed at. You can use the "Find a Lawyer" function with Avvo to find someone in the county where your case is filed and sift through their credentials and testimonials to see if they are right for you. I also highly recommend an in-person consultation after you have made a selection to ensure that you and the attorney are right for each other. Good luck!!!

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  • Do i have to return my daughter in a joint custody case if i feel she i not being taking care of properly?

    Allison’s Answer

    As long as there is a valid court order, you must abide by said order, or risk contempt. Also, as Mr. Whittaker mentioned, there is no emergency mentioned in your fact pattern that would entitle you to an emergency custody order. You would have to consult with a local lawyer in the county of the state of the court currently holding jurisdiction to discuss your options for modification. If an emergency develops while the child is here in NC, the NC court will only maintain jurisdiction long enough to resolve jurisdictional issues, very likely putting you back in court where jurisdiction currently lies.

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