My daughter's mother wants to possibly go to court. She has a controlling issue. She puts her own personal issues in the way of my relationship with my daughter. For example if she finds out I'm talking to another female then she won't let me see...
It sounds like you don't have a child custody order and need one so that your daughter's mother does not control your access to your daughter. Please seek the assistance of an attorney to discuss your situation, you may want to file yourself rather than waiting for her to do so. I am not she what arrangement you have in place at this time, but talk with a lawyer about the specifics and understand how things work in North Carolina as it relates to child custody.
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My ex recently filed a Motion to Modify custody on grounds that my attorney felt were pretty weak. We have a court date on the calendar. Now I am wondering if there is some kind of standard "counter" document that we could have filed to have the...
I am not sure what "counter" document you may be referring to, but I do not know of any such document that your attorney to could file to save everyone time and money and not allow your ex to be heard on his motion to modify child custody. I am assuming that you have a permanent child custody order in place that your ex's (or his attorney) has filed to attempt to modify the custodial arrangement. In order to modify a permanent order a party must first show that there has been a substantial change in circumstances since the permanent order was entered and then must show that it would be in the child's best interest that the custodial time be modified presumably to give him more custodial time. Your attorney has a few options available to him, he could motion to dismiss, but I don't know how weak his grounds are but if all the allegations could be taken as true and it would meet the initial burden of a substantial change since the original order was entered then the judge would deny it, and may even deny it regardless, I don't know. There is the potential to ask for attorney fees though, for you having to litigate this motion when there has not been a substantial change in circumstances that would warrant a modification.See question
Recently the court order that my exhusband only have visitations with our 3 kids if I approve of it. He has not reached out to the kids in nearly 2 years. He has also been in and out of jail for drug related charges and spent some time in rehab pr...
If you and the children have lived in NC for the past 6 months or more, then North Carolina is the home state of the children for the purposes of jurisdiction (Uniform Child Custody Jurisdiction and Enforcement Act--UCCJEA), unless of course you have a custody order from Kansas? If you do not have a custody order from Kansas and there has been no determination of custody previously, and the children have been here for 6 months or more then NC would have jurisdiction. If your case is in Kansas, then you may want or need to have an attorney motion to transfer your case to NC, you would probably want to discuss this in detail with an attorney here and perhaps there to see if that would be the best route in your situation.
If there is no pending custody action between you and Dad and the children have been here more than 6 months, then your ex-mother-in-law cannot bring an independent action to get visitation. In North Carolina, there must be a pending custody action in place in order for a grandparent to intervene in the action to get visitation with the minor children. Now that doesn't mean that a grandparent who has a significant parent/child like relationship with the child could not bring an action under a separate statute to get custody, but that grandparent would have to prove that you as the parent have acted inconsistent with your constitutionally protected right to the care, custody, and control of your children,as well as that it would be in the best interest of the children that their care be vested with that grandparent and from the basic information you have provided, it doesn't sound like that is the case.
It would probably be worthwhile to consult with an attorney in your area to fully understand what everyone's rights are, and what you may want to do depending on your specific circumstances.
Best of Luck!!See question
the judge signed the divorce decree 2 weeks ago but the opposing attorney has not filed the papers. Can they hold this up indefinitely? Or is there a time limit to when they must file.
While I don't know the exact procedure in your county, I am confused by your statement. If the judge signed the divorce judgment then it should have been clocked in right then and there when it was signed, I am not sure what you are waiting for his attorney to file. If you have not received a copy of the divorce judgment, your are free to go to the courthouse and get a copy or a certified copy if you so desire, you do not need to wait for anything from the opposing party's attorney if the judge has signed the divorce judgment.
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My 2 year old managed to get out the house while I was using the restroom. I didn't had any idea he could unlock doors. I was terrified and started looking for him. The police was called when a neighbor found him on her porch. After everything the...
I would suggest that you contact an attorney as soon as possible so that you may have representation at the 10 day return hearing for Emergency Custody, it will be very important to discuss everything with your attorney and to decide the best course of action in your circumstances. If the judge keeps custody with Dad at the 10 day return hearing, you will then be looking at a temporary custody hearing next, which can often times take several months before you will be heard in Wake County. So the best thing I can suggest is to get an attorney now.See question
I was aware of a child possibly being mine. I was in the military when I had sex with this girl. We went separate ways. I was then notified That the child may be mine. I have not taken paternity test so I don't know. The issue is was threatened a...
It isn't entirely clear from your statements what is going on. Was the girl you had sex with married at the time? I'm guessing she was married, and now she isn't with him anymore and now needs to figure out where she can get some help supporting this child now maybe?
Ultimately if the child is biologically yours regardless of what happened or you were told, you have a legal obligation for the support of your child, so if she brings an action for child support, you take a paternity test and it is yours, you will be obligated to support the child going forward.
You have posted this question as child custody (I changed it to Child Support), if you are seeking custody and/or a determination of paternity to see if the child is your so that you can be a father to the child, then there are some other actions that can and should be taken. I would suggest at least consulting with an attorney to discuss the details of your situation and decide what you might want to do in these circumstances.
Best of Luck to you!See question
Last time I went to court to reduce child support the judge said I couldn't prove child was living with me... Even with daycare records. How do I prove child is with me? The child's mother is a drug addict and I want custody through a cou...
File a child custody action in the county where the child lives and has been living for the past 6 months. If that is in Wake County then you may file your action here. While I would always advise a parent to at least consult with an attorney before attempting to do it on their own, you may want to go to the Family Court Office located on the 11th floor of the Wake County courthouse, they do have some self-help information but they cannot give any legal advice. I would also suspect that it would be difficult to get supervised visitation proceeding without an attorney for the mother unless she consented to it. Once you have the custody order you could then motion to modify child support.
Best of Luck to you!See question
I can't travel back to va because im disabled and don't do well on long trips. minor son lives with me full time and father only seen him at most 3 times in two years. I need more support for self and son.
It is possible that you could change venue, but you would need to discuss the details of your case with an attorney in NC in the county where you live. Best of Luck!See question
I'm recently divorced, my ex and his wife are living in the home. My name is still on the deed, but I'm not asking him to sell the home, he claims there's not that much equity in the home. What steps do I follow to get him to buy me out?
Are you on the mortgage or just the deed? If you are on the deed but not the mortgage, not as big of an issue, still a pain, but not as bad as if you are on both mortgage and deed. Upon the divorce judgment you became tenants in common if you held the property as tenants by the entirety during the marriage. The steps you would follow, are steps that should have been followed BEFORE the divorce judgment was entered, but those steps are no longer available to you if a divorce judgment has been entered. I am guessing you did not involve an attorney in your divorce. Now there is no way that I know of to force him to buy you out, to force him to do something now is probably going to involve a forced sale of the property which I would suggest contacting an attorney in your area to see if this is something you want to do.See question