Wanting custody of my son. Dad has paid child support every month since birth (5 years ago), but has nothing to do with him. Dad lives in SD. I am in NC. Dad has never kept him overnight or had visitation. Does not call my son or have anything els...
Sounds like you have custody. So, what is your goal? You may not have a court order, but you have physical custody of your child. You know dad, I don't, but do you want to rock the boat? If things are working, why try to change it? However, if you believe dad will be cooperative, you may be able to get him to agree to sign a consent order. You would need to file a "friendly" complaint for child custody, then you and dad could execute a consent order and file it with the court. However, you should think long and hard before you upset the apple cart.See question
7 1/2 years ago .. I was in a treatment center volunteerly for help with drug addiction.. I'm still clean 7 years now ..my son's dad wanted custody.. I agreed at the time so we didn't have to go to court that he would have physical custody and we ...
I agree with the previous answer with respect to filing for a modification of the current custody order. I also agree that you should not have an issue showing a substantial change in circumstances. However, you have an issue in that you have allowed this to go on for 5 1/2 years. There is now a very real possibility that grandma has standing to intervene and show that she has developed a substantial relationship with the child. So, you may very well end up fighting grandma. Good luck to you.See question
I am having trouble with my husband, we have been split for 7 months, he doesn't pay child support, and doesn't help with insurance or daycare. Everytime my child is with his dad he comes back hurt, I understand he is a child and accidents happen ...
Many people have to be forced to do what most of us would do because it is simply the right thing to do. You have to take control of the situation and file for child custody and child support. Tackle the easier task first. I have included a link for Child Support Enforcement in Chatham County for you below. It will only cost you $25.00 to start a child support case against your husband. You can get prospective child support, which is support from the date of filing forward, as well as retroactive child support, which is child support going back to the date of separation. Do this immediately.
Child custody is a little more complicated, but you need to file a claim for child custody. Without an order in place, the father could simply take your son and not give him back. Try your best to hire an attorney, but if you simply cannot look for a self-help service to help you with the paperwork. Once you file for child custody there will be a mandatory mediation. You need to take advantage of the mediation and try to resolve custody. This will be much less expensive, and faster, than going to trial. Good luck to you.See question
My husband was charged with assault on a female. I am stated as the victim. Everything I have is in his name and without him I literally have nothing.. My phone and email are both accessible for him. I was told I needed my own lawyer. Are there an...
Contact Legal Aid of NC's Raleigh office. They provide assistance to victims of domestic violence. As mentioned in an earlier answer, the DA's office will handle the criminal case. However, you need your own attorney in Domestic Violence court. Legal Aid attorneys are in DV court everyday helping victims of domestic violence obtain domestic violence protective orders. I posted a link to their website below. Please give them a call.See question
I was charge with a dwi back in august, there was no video and I was said to be impeding traffic on the hwy travelling 45 miles per hour where it is legal to do so. I blew 1.7. I am dispiuting an illegal stop. Fruit from a poisonous tree. it seems...
I agree with the other responses that you can hire a different attorney for your appeal. However, I have a question for you. You state that you were travelling on a highway at 45 mph where it is legal to do so. What was the posted speed limit? If the speed limit was 55 mph, perhaps you can argue your speed was reasonable under whatever the conditions were at the time. However, if the posted speed limit was 65 or 70 mph, I believe you will be unsuccessful arguing that the stop was illegal as you could reasonably be considered a hazard for travelling at such a slow speed on the highway. Just depends. Good luck to you.See question
I have 2 daughters. One will turn 18 years old in May 2016 and graduate from high school in June 2016. The second daughter is 15 years old. I pay child support for both daughters.
The short answer is no. You will need to file a motion to modify your child support for the younger daughter to have your payment reduced. When I write child support orders for multiple children, I typically write in the date that child support will terminate for the eldest child, such as their 18th birthday or graduation date, and then also include what the new child support amount for the younger child will be thereafter. However, if you do not have any such clause in your current child support order, you will need to proceed with a motion to modify your child support obligation. Good luck to you.See question
My daughter graduates and turns 18 years old in May 2016. I need to file A Motion to Terminate Child Support in Wake County.
I disagree that you need to file a motion to terminate your child support obligation in this situation. By NC statute, your child support obligation automatically terminates upon the child attaining the age of 18 or upon graduation, whichever occurs later. See NCGS 50-13.4(c). More specifically, "In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20." Note the part that says, "without order by the court."
So, if your daughter turns 18 and graduates in the same month, make your final payment that month and be done with it. It will be up to mom to fight it if she so chooses. Regardless, that would be a losing battle.
The only caveat is if you have any arrearages. If you owe any back child support payments, you must keep paying whatever amount you are paying under the order until the arrearages have been paid in full. Then, once the arrearages are paid, you would need to file a motion to terminate. Good luck to you.See question
Can a separation agreement in NC be challenged after signature of both parties? We are not divorced yet. I signed the agreement without weighing all options and the separation agreement financially favors my husband and our property was not equi...
Your separation agreement is a contract. You have few options for challenging the validity of a contract. Typical challenges involve fraud, misrepresentation, and duress. You would need to prove that your husband forced you to agree, or otherwise committed fraud by doing something such as lying about his assets, etc. You must have freely given your consent to enter into the agreement. Getting the raw end of the bargain and not liking it is not a winning argument however. If you believe your husband did not act in good faith perhaps it would be worth it to you to consult with an attorney to go over the specific facts and determine if you have a claim. Good luck to you.See question
My 15 year old step-daughter received a text message from the father (an adult) of a former friend of her's calling her a who*e and other inappropriate things. I believe this started because she rejected the man's son's interest in her. This is n...
The key to your question is that the actions of the father were "inappropriate." Inappropriate does not necessarily equal unlawful. In order to obtain a civil no contact order under North Carolina law, the action in question would need to be found to be unlawful. For example, if the dad was sending an inordinate number of text messages to your step daughter, it could be found to be harassment. As you state this is your step daughter, I believe the proper first step would be for the girl's father to contact this person and have a little chat. If the texts continued after that you may have more sufficient grounds to obtain a restraining order.See question
Was taken off child support by mother has been paying monthly since child is now 18 mother wants to open a new case.
First, mom can file for child support if she wishes. The look-back period is three years. However, if you have continued to pay child support all these years, and you have records and can substantiate these payments, you will be given credit for what you have paid. For example, let's assume mom files a new claim and you are ordered to pay $250 per month going back three years, for a total of $9000.00. Then, let's say you have been paying mom $200 per month for at least the past three years, for a total of $7200. You would only owe mom $1800. Of course, if it turns out that you have paid more than your new obligation you will not owe anything. Just be prepared to prove what you have paid over the years. Good luck.See question