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Fred B. Amos II

Fred Amos’s Answers

998 total


  • Can you evict your marriage mate for violence and threats in NC?

    If your mate is verbally and physically threating you and your children, is there a legal way to evict them from the home?

    Fred’s Answer

    As stated in the previous answer, you need to file for a domestic violence protective order (DVPO). You can go to the fifth floor in the Wake County Courthouse and fill out the paperwork. Assuming you provide sufficient evidence, you will be granted an "ex parte" DVPO. If you request possession of the marital residence your spouse will be required to leave and not return so long as the DVPO is in place. Also, your spouse will be given a 10-day return hearing so that they may tell their side of the story. At this return hearing you will also be given the opportunity to provide more testimony, evidence, witnesses, etc., The judge will then decide whether or not to keep the DVPO in place. If you are granted the DVPO, it will remain in place for one full year, after which time you may allow it to lapse or apply to have it renewed for up to an additional two years.

    Also, as part of the DVPO, you may want to request a temporary child custody order to make sure you have physical custody of the children.

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  • Can a person that has a protective order visit his unborn child?

    So, I have a restraining order against my child's father. I was told by the judge that he could not come to the hospital while I am in labor. How true is that? Then I heard that he can escorted by law officers to the hospital to see the birth of h...

    Fred’s Answer

    I am going to say no. If you do not want this guy present at the birth of your child, then he cannot be there. First, you have a DVPO against the guy. Presumably the DVPO states that this guy has to stay 100, or 200, or whatever, feet from you at all times. That is going to include while you are in the hospital giving birth whether or not the baby is his. Second, presumptive dad has no rights to a child before said child is born as paternity cannot be established for an unborn child. There are no rights to visit an unborn child, period. So, when you go to the hospital to have your baby, take a couple of copies of the DVPO along with a couple of pictures of the guy who is subject to the restraining order, and provide one copy of each to hospital security and inform them in no uncertain term that this person is not allowed within how ever many feet is stated in the order of you, and that if he does indeed show up that they are to call the local police as you will likely not be in any position to call the police yourself. I would also suggest you have a relative or friend with you at the hospital to assist you in the event you are otherwise engaged. Good luck to you.

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  • How can I give custody of my daughter to my mom instead of her father in the event of my death?

    My daughter's father and I are together but not married, he is named as being the father on the birth certificate. I want to know what I need to do to assure that if i were to die unexpectedly our daughter goes to my mom and not to him. He isn't a...

    Fred’s Answer

    You cannot do what you ask. In order to do what you ask, you would first have to sue the father to have his parental rights terminated. However, even if you did so, your wishes are not binding. Many people put their desire for child custody after their death in their wills, however, these desires are not binding. In North Carolina, the courts determine child custody by using the best interests test, i.e. child custody is determined through an analysis of what is in the best interests of the child. Even though you cannot do exactly what you want to do, your mother would be able to sue for child custody if something happened to you, so you should put your desire in writing via a will. Again, while not binding on the court, it could be very helpful to your mother's case should something happen to you. I suggest you consult with an attorney to discuss this issue more thoroughly as it is a rather gray and tricky area.

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  • Is a single photo enough for a conviction in assault on female.

    The photo is of a bruise on her arm. I've never touched her and i never saw this bruise on her body throughout our entire relationship so i'm assuming it is an old photo from when she was abused by her ex. All the prosecution has is this photo and...

    Fred’s Answer

    The short answer to your questions is that it could be. In North Carolina, whether there are grounds for entry of a domestic violence protective order is in the discretion of the court. Case law suggests that all that is necessary is competent evidence that an act of domestic violence has occurred. What this means is that the court's decision will likely come down to who the judge believes, you or her. However, with respect to the photograph, in order to enter a photograph into evidence it must be authenticated. If the photograph is not digitally marked with a date on which the photograph was taken, you can argue that the photograph was taken at some other time than the time in which this particular incident occurred. Without proper authentication your attorney may be able to keep the photograph from being introduced into evidence, thus the judge would not be able to consider it. In support of your argument you need the police officer who inspected her to testify that he/she saw no bruising at that time. Good luck to you.

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  • Can I send my ex's girlfriend a cease and desist letter for harassing me and interfering with custody matters

    I have a legal custody agreement with my daughters' father. His girlfriend finds ways to interfere, sends me emails, texts, etc. my ex, also will 'cc' her on emails to me regarding important matters of our daughter. They both call me names, etc. I...

    Fred’s Answer

    I can't say whether what you describe will be sufficient or not, but you can try filing for a civil no-contact order (50C) against the girlfriend. If you are granted a civil no-contact order, she will no longer be able to email, text, call, etc. Give it a shot.

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  • In North Carolina, how do I go about getting retroactive child support?

    My son has been staying with me for over year and I have recently gained legal custody. How do I get the mother to pay retro child support being as she has not done anything in the last year?

    Fred’s Answer

    It is unclear whether or not you have already filed a claim for child support. If not, that is the place to start. If you have, you need to speak with your attorney, or Child Support Services if you are handling child support through them. Regardless, you must ask for retroactive child support within your child support claim.

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  • What is the child support law for North Carolina in regards to when child support stops for child turning 18.

    Been paying child support for almost 18 years. My child is turning 18 in September. Am I obligated to pay after 18 during years in college? I was never married to her mother. We have an agreement through mediation but nothing that states paying af...

    Fred’s Answer

    Generally speaking you have the legal right to discontinue making child support payments once the child turns 18 or graduates from high school, whichever is later. However, you will need to file a motion to modify child support with the court so that the court can rule that you are no longer legally obligated to make child support payments. As the court calendar in Wake County fills up very quickly, you should file that motion as soon as possible. If your child support is handled through child support services, then you should contact them immediately to get the ball rolling.

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  • What can i do if i am on child support and one of the kids im on i suppose to have custody of.

    I need to know that if im on support and also unemployed. Once i became unemployed her mom seem fir for me to have my daughter and intook on the role.. now out the blue and all the time she makes all decisions while she is missing. She has been pa...

    Fred’s Answer

    It sounds as if there has been a substantial change in circumstances, which is grounds for modifying both
    your child custody and child support orders, assuming you have orders in place. So, what you can do is file motions to modify both your child custody order and your child support order. Also, if you have joint legal custody, then the mother can not make decisions unilaterally. She must consult with you. If she is making decisions unilaterally each instance is likely a violation of your child custody order for which you can file a motion to show cause. She will be required to appear before the judge and answer as to why she is not following the current child custody order.

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  • Can private school tuition be used as a reason to reduce child support?

    2 weeks ago, my ex (who is already behind about $7,500 in support) and I entered into a child supoort agreement reguarding his relocation out of state and our two children, one if which will be with him during the school year and with me for schoo...

    Fred’s Answer

    Under the facts your describe I would argue no. If your ex is already $7500 behind he has no business enrolling your child in private school. My question is if he cannot pay his child support how can he afford private school. Having said that, if your child had always gone to private school then yes, that would be the standard to adhere to. However, it sounds as if that is not the case, but rather your ex is using private school to reduce his child support obligation. Under these facts I do not believe your ex should get a credit for private school.

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  • If a computer was given to your children, can someone take it back because the children don't live with you full time any more?

    A computer was given to my children by their grandmother (my ex husband's mother). The children may begin to live with their father soon. Now she wants the computer back because the children may not be living full time with me any longer. They wo...

    Fred’s Answer

    A gift is just that, a gift. Generally speaking there is not requirement to return gift simply because the donor wants the gift back. However, if grandmother specifically said, "the kids can have this computer so long as they continue to live with you full time," the situation may be different. Short of such a condition being placed on the gift, I would argue that no, grandmother has no right to the return of the computer.

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