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Leslie Hall Amos
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Leslie Amos’s Answers

230 total


  • PA custody in NC?

    He has phys & legal; I have visitation. 1 child w/ court apptd legal guardian. He moved to NC w/o kids in March. Kids & I in June. Kicked me out. What are my options?

    Leslie’s Answer

    It is not entirely clear what options you are wanting to pursue, and there is definitely not enough information here to give you any specific advice. Generally speaking, once a court has jurisdiction over a child custody matter, that court continues to maintain jurisdiction, what is called "continuing exclusive jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are circumstances when it makes sense to change jurisdiction, an example would be when all parties and children no longer live in that state. In addition, it may be important to you to register the PA Order here in NC for the purposes of enforcement. I would recommend that you speak with an attorney in your area to discuss the details of your situation and what all of your options are.

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  • Can I buy property before I file for divorce?

    I have been separated for many years . I have not filed for divorce yet since I don't know where he is but plan to soon. We have no children or property together.

    Leslie’s Answer

    I agree with Mr. Soni, if you are paying cash, you could buy it, but if you are borrowing money the spouse would have to sign the deed of trust if you are still married even if the deed is only in your name. You are also going to know where he is to serve him or make an effort to find him or serve by publication if he can't be found. I would suggest speaking with an attorney and getting the divorce filed.

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  • Daycare withholding a child from unknown parent when no custody order in place

    Does G.S. 14-41, criminal abduction apply here? GS 110-86 assigns responsibility to Commission, their Childcare Rules spell out 10A NCAC 09.0205 Parental Access "The PARENT, guardian ...shall be allowed unlimited access to center...

    Leslie’s Answer

    I would recommend seeking legal counsel and filing an action for child custody immediately, the daycare and the police are not there to decide who gets custody of a child, that is the judge's domain. I'm not sure if you are the unknown parent or the parent who secretly enrolled the child, but clearly there is some custody issues going on here and it would be best for the child and probably the parents to have a court order as it relates to the child to limit confusion, to say what the "rules" are and to create a consistent schedule for the child.

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  • How can I make my husband pay child support?

    Husband fled to Georgia with his new wife. There is an arrest warrant out for him but since he's in GA I've been told he cant be arrested because NC doesn't extradite.

    Leslie’s Answer

    Mr. Whittaker is exactly right. You need to get your child support order registered for the purposes of enforcement in the state where Dad is.

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  • I have paper to sign I don't want to sign till I talk to someone .they want him to say he pay 187

    he has baby he did not want she did so she had it told him she keep him out of it but u know how that goes now what do I do

    Leslie’s Answer

    I would encourage you to seek the advice of an attorney before signing anything. I am not entirely sure what is going on here but it appears there is a child and that child has a mother and father that each owe a support obligation to the child regardless of whether or not he/she wants the child. In addition, if the parents are not living together then it would be appropriate to have a child custody order in place to address both the physical and legal custody of the child. Good luck!

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  • Where do i go to read up on two families one with living togather with children in the home

    by families i mean one family that has 7 an one family that has five in a 3 bedroom house

    Leslie’s Answer

    I am going to assume that you are wondering whether or not a judge would take issue with this many people in a household since 12 people in a 3 bedroom house sounds like quite a lot. However there are many other pieces of information missing here. Is there a child or children that you are concerned about? Are you a parent or relative of the child(ren)? It is unclear from your question what your actual legal question is. If you simply want to read about multiple families living together then you can research the internet for information or go to your local library. If you have a specific legal question then provide more information and post your question again.

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  • Hello, I was just served with divorce papers on aug. 22,2014 my husband filed on august 15, 2014 and he remarried on Aug 23, 201

    Is this marriage that he just done legal I just received my papers 7 days after he filled I havent even had time to seek and attorney yet and he has already remarry knowing that we are not divorce as of yet what happens with this?

    Leslie’s Answer

    I would suggest that you seek the assistance of a family law attorney to review what you received. You still have time to answer this complaint if it was just served on Aug 22 and should do so, especially if there is any martial property or debt that needs to be divided or if you need alimony or spousal support as these claims will be waived once a divorce judgment is entered. With regards to the nature of his other marriage, I am not sure if this is really important to you or not, but I would suggest acting quickly to get something sorted out with you own divorce.

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  • My sons father who is not on birth certificate and son does not have last name files for custody & i havent been served?

    ive been raising my son for 4 years his father is not on borth certificate nor does he have his last name.he threatens hes going to take him from me he filed for custody and theres no paternity test to prove it either i have not however have been...

    Leslie’s Answer

    I would not suggest moving out of state, that could be the basis for an emergency custody order that would potentially give your son's father custody at least temporarily. The fact that he doesn't have his name or that there is no paternity test and he isn't on the birth certificate is not really of consequence, you admit that he is the father? right? What I would suggest is that you meet with an attorney to discuss your situation in detail. there is also the issue of child support, has he paid you anything? If you want your husband to adopt the child there may be some options if biological father has been completely out of the picture for years and has not paid you any support. Talk with a family law attorney.

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  • Ex wife tried to remove kids from school while I was at mediation orientation. Can I file temporary custody/restraining order?

    I filed for custody in Wake Co while I was a resident. Shortly after, I moved to New Hanover Co to be closer to my parents and enrolled my kids in school there. I was fine with returning to Wake Co for the custody stuff. Today, my ex-wife calle...

    Leslie’s Answer

    It is not entirely clear from your message where the custody action should be. Where do the children live? Wake Co or New Hanover Co? Where have they lived for the past 6 months? That would be their "home" county. Regardless since you have file din Wake county you have submitted yourself to the jurisdiction of Wake Co, so anything that you file should be there. If she is threatening to take them out of school, you could file for a temporary restraining order to maintain the status quo to keep the children in their existing school, but you would also have a 10 day return hearing for a judge to help you sort that out to get some stability to the situation. I don't recommend doing this without an attorney though. You need to fully discuss your specific situation with an attorney so you can decide the best course of action. Good luck!!

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  • I was served with a notice of hearing AFTER the hearing. What can I do?

    I filed for custody of my children in Wake Co. My ex wife's attorney filed a motion to transfer to Onslow Co, where she lives. I was not served with a Notice of Hearing until the day after the hearing. Now, I have no idea what happened at the h...

    Leslie’s Answer

    Contact a family law attorney in Onslow county to help you sort this out. He or she may be able to get the order set aside and a new hearing scheduled. Best of Luck!

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