Questions answered by D. Melissa Averett

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What can I do to get my daughter back?

D.'s answer | Answered on February 21, 2016

You need to hire an attorney in the jurisdiction where the child lives and sue your ex husband for custody and/or visitation. The longer you wait,...

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What should she do? And What else should she do to prove her innocence?

D.'s answer | Answered on February 21, 2016

DSS has a thankless job and a huge amount of power. Your cousin will be entitled to court appointed counsel only if DSS takes custody of the child,...

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I would like to know if I will be forced to testify against my husband in a domestic violence case when I am the victim?

D.'s answer | Answered on February 17, 2016

I agree with Attorney Amos, but would add an observation. You use the word "force" which implies that you don't want to.testify, but you describe...

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Can I leave the state with my daughter if there is no custody agreement?

D.'s answer | Answered on February 17, 2016

Attorney Whitaker is correct. Moving out of state with your child opens the door for your ex to file for emergency... Sole... custody. Consult with...

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Do I need to proceed with actions to remove her name from the accounts if indeed my assets are in danger and this info is true?

D.'s answer | Answered on February 17, 2016

Yes, if your mother's name is on the account, its her asset. In fact, if you got divorced, your mother would have to be joined as a party because...

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Can I take the notarized paperwork to the courthouse and do anything? Or is her signing and notarized good enough?

D.'s answer | Answered on February 15, 2016

Typically the court is only bound by a court order signed by a judge when it comes to custody, but it depends on the exact paperwork she signed. An...

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What can we file to not have to pay for evals? Will the judge keep sending me to jail because I can't pay for it for contempt?

D.'s answer | Answered on February 15, 2016

Custody cases cost money. You may be able to file a motion asking the court to reconsider but that is going to be hard to do without a lawyer and...

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Do I stand a chance if we took the biological father to court and forced him to sign his rights over to me?

D.'s answer | Answered on February 14, 2016

Although what you are describing is not sufficient to terminate his parental rights, those same facts may be reasons to limit visitation to less...

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How many pages are needed for affidavit in family court?

D.'s answer | Answered on February 14, 2016

There are not enough facts in your post to answer your question. You need to consult with a family law attorney before you file anything with the...

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If I don't pay my 23 yr old daughters car insurance and cell phone bill she is threatening child support she makes 3 times more

D.'s answer | Answered on February 14, 2016

Your question is unclear. Adultery has nothing to do with child support. You have no legal obligation under NC law to pay anything for a child over...

D. Melissa Averett's Answers (505)

What can I do to get my daughter back?

What should she do? And What else should she do to prove her innocence?

I would like to know if I will be forced to testify against my husband in a domestic violence case when I am the victim?

Can I leave the state with my daughter if there is no custody agreement?

Do I need to proceed with actions to remove her name from the accounts if indeed my assets are in danger and this info is true?

Can I take the notarized paperwork to the courthouse and do anything? Or is her signing and notarized good enough?

What can we file to not have to pay for evals? Will the judge keep sending me to jail because I can't pay for it for contempt?

Do I stand a chance if we took the biological father to court and forced him to sign his rights over to me?

How many pages are needed for affidavit in family court?

If I don't pay my 23 yr old daughters car insurance and cell phone bill she is threatening child support she makes 3 times more