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Leslie Hall Amos
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Leslie Amos’s Answers

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  • How do I get my daughter back from her non biological father?

    My now ex is not the biological father but is on the birth certificate, I was kicked out and not allowed to take my daughter with me. He will not answer my phone calls and holds her against me to get what he wants. He has been abusive towards me i...

    Leslie’s Answer

    If you do not have a child custody order in place and the child is at risk of substantial harm then you may be able to obtain an emergency child custody order to return the child to you, and if you have such an order you can ask that law enforcement assist you in the implementation of the order, if the order allows, they may go over to the place where she is staying and take the child and give her to you. However, keep in mind that emergency custody would only be a temporary solution as you would have a ten day return hearing for the judge to decide whether to keep that order in place, enter some other temporary custody order or to return the child to the person from which he/she was taken. It is important that you have sufficient evidence to support your contentions for emergency custody, otherwise, that could backfire at the 10 day return hearing.

    If the person who has the child is not actually the parent of the child, then that person would not be able to keep custody of the child until that person proved that the actual parent(s) of the child had acted inconsistent with their constitutionally protected right to the care, custody, and control of the child. However, it sounds like your situation is more complicated in that your ex is listed as the father on the birth certificate, perhaps fully believes he is the father of the child, and if you were married to him at the time of the birth of the child, then he would be presumed to be the father as well. I'm not sure I understand how you were kicked out and not allowed to take your daughter with you but I am sure you will discuss these details with whomever you choose to hire to assist you. Please consult with an attorney to discuss the details of your situation so you can decide the best approach moving forward.

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  • Can i file for a divorce before 1 yr separated in nc?

    my wife and myself got married in ny in 2003. we moved to nc in 2007. we have been living apart since january of 2015, and are not legally separated. can i legally file for divorce yet?

    Leslie’s Answer

    To any your question, no you cannot file for a divorce if you have been separated for less than a year, but it isn't that much time left really before you will have been separated for a year. The law is "at least a year" so you cannot actually file it until a year and a day, and you have to have been living in North Carolina for at least 6 months before you file it. So if you separated January 1, 2015, then you could file on January 2, 2016. The date of separation is the day you or your wife physically separated (someone moved out of the marital home) with the intent to end the marriage. It is important to consider marital claims that would be waived if not brought before the divorce judgment is entered, this includes claims for equitable distribution (property settlement of marital and divisible debts and assets) as well as post-separation support and alimony (spousal support).

    Also, I am not sure what you mean by "legally separated" There is no legal separation in the state of North Carolina. Parties can enter into a separation agreement prior to filing a divorce, so perhaps you are thinking about that, but one is not necessary before filing for divorce. Best of Luck to you!!

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  • Does a wife has to leave her kids with husband if she is trying to leave? No custody order has been done at this point.

    Marriage on a rocky road and at this point in life I feel we need to reset. I feel time apart might do us both good. I'm a stay at home mom that home schools her children. But, husband is saying I can't take kids. That court papers has drawn u...

    Leslie’s Answer

    No, you do not have to leave your children behind if you want to leave your husband. I would suggest that if you are going to leave that you meet with an attorney to help you decide what steps to take. If both of you are agreeing that you want to separate and you are wanting to move out then it would be important to try to establish if possible a visitation or custodial schedule that you both believe would work for your family.

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  • Can we take our sons rights and raise our grandchild..he is giving them to us..or would the mother have first chance,hes primary

    He has primary custody ..the mother is secondary..he's military and she is never around except when it's convenient for her.

    Leslie’s Answer

    There are many pieces of information here that you have not provided and if this is something that you are interested in doing, you need to talk with an attorney. First, I am not sure that it would be possible or appropriate to "take your son's rights" away from him and adopt the child, that is pretty extreme. In order to terminate a parent's rights there are several requirements that need to be met that may or may not be difficult to prove, I don't have all the facts of your case. What most people try to do is gain custody of the child. If your son is agreeable to you have primary custody of the child/children, then maybe the mother would be also? If everyone agrees that it is in the best interest of the child that his/her primary custody be with the grandparents then that could happen without ever terminating the rights of the parents. If the parents don't agree to give you primary custody, then you would have to prove that they have acted inconsistent with their constitutionally protected right to the care, custody, and control of their children. I would suggest meeting with an attorney to discuss the details of your situation so that you know what options you may have and how you can accomplish your goals.

    Best of Luck!

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  • What if I don't take a court ordered hair drug test ?

    I won custody of my child but the other parent told judge I smoked. I have already took a hair and urine test , the hair came back postive the urine was clean, but now they want another hair test.

    Leslie’s Answer

    Take the test. If you have a drug problem, seek help to address the problem, you cannot expect to maintain custody of your child if you use drugs. I would also recommend obtaining legal counsel to assist you.

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  • Me and my husband are separated. We have a separation agreement, but we have not signed it because we are having disagreements

    All the disagreements are about money. He cheated on me with another women and I have proof of it. He is now living with that person. He is threatening me with changing the amount of child support that he is paying me because there is a past du...

    Leslie’s Answer

    I would recommend that you NOT sign the agreement and meet with a family law attorney beforehand so that you fully understand all of your rights, because once it is signed it may be difficult if not impossible to get some of those rights back. If you were a dependent spouse and he was a supporting spouse during the marriage you may be entitled to post separation support and alimony (spousal support) in addition to the child support, and if you can prove that he committed adultery (and presumably this was the reason for the separation, i.e., this didn't happen years ago and you forgave him) and that you did not also commit an act of adultery, then he will have to pay you spousal support (alimony).

    The child support amount that you are entitled to is typically based off the North Carolina Child Support Guidelines. I will include the link below so you can fill in the worksheet and see what you would get under the guidelines. Also, while I don't have all of the information in your case, a party's obligation for child support should not have anything to due with a past due bill he owes. In a separation agreement, parties can agree to child support amounts that they agree will meet the reasonable needs of the child/children and that amount may be based on the North Carolina Child Support Guidelines or some other number to which the parties agree, but the key here is that the parties are in agreement, if you sign, you are agreeing, if you don't agree and it sounds like you do not) don't sign.

    Best of Luck to you and meet with an attorney before you sign a separation agreement.

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  • Is there any divorce lawyer available

    Divorce including a 401k

    Leslie’s Answer

    Of course, there are plenty of family lawyers available, you can search for one on this web site. I would search for one in the county where you live or a nearby city. You can also ask for referrals from friends and family members or do your own on line search.

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  • I just lost my job, how do I go about getting my child support changed?

    I just lost my job, how do I go about getting my child support changed?

    Leslie’s Answer

    File a motion to modify (reduce) your child support asap, do not wait.

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  • Legal precedence to mandate paternity test for adult child of unmarried parents?

    Newfound evidence points to likely different biological father, whose previous relationship with mother is confirmed. Inquiry to mother produced unsatisfactory indirect responses which only increases doubt and suspicion. Child in question is well ...

    Leslie’s Answer

    If this child is now an adult who is "questioning you", maybe consider trying to have a conversation with him or her, the child is an adult. If you and the child want to know, have a DNA test done so there is no question. Ultimately if you have acted as the child's father and have been the child's father throughout his life, I am not sure knowing whether or not there is a biological relationship between you even matters, other than to prevent the alienation attempts by mother, by taking control and saying ok, no we don't have a biological connection, but I am still your father (and you may choose to look into adopting him or her). If your goal is to cut off ties with the adult child and the mother and to attempt to get back money you paid in the past to mother, I don't really understand that goal, but I suppose you could pursue a claim against the mother.

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  • Can I get alimony

    I do not work at all and my husband cheated on me and left me BUT he doesn't work either could I be awarded alimony. Do it work like child support?

    Leslie’s Answer

    In order to receive alimony, there must be a dependent spouse/supporting spouse relationship. There are many factors that would need to be looked at, for instance, did you husband recently lose his job or was he terminated, has he supported you financially over the past few years, these are all things that you could discuss with a family law attorney. In addition, there is some consideration of marital misconduct such as adultery as you mention, that would go towards the amount and duration of alimony received, however before consideration of amount and duration, there must be an established dependent spouse/supporting spouse relationship.

    To answer your question of does it work like child support, no, it doesn't, for child support, there are guidelines for the amount of the child support that the courts must follow or otherwise find reasons to deviate from that amount. The duration is by statute until the child reaches 18, graduates from high school, etc, duration in alimony is in the discretion of the judge and will vary widely from judge to judge. However, if there is court ordered alimony, it is enforceable as an order of the court and subject to the contempt powers of the court like a court order for child support.

    I hope this helps!

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