I was divorced in Feb 2016 in New Jersey. But in April 2016 I moved to NC. It's been over a year that I have been living in NC. According to divorce agreement, all the credit debt was to be transferred to my ex and to be paid by her. However, she ...
You must file your motion to enforce the New Jersey court Order in New Jersey.
Best regards.See question
I am the primary joint custody parent . My daughter is 14 and has lived with me since she was 3 . The custody agreement allows biweekly visits with her mother. When she gets frustrated with our daughter she locks her out of the house for several ...
The short answer to your question is yes, you can go pick ypur daughter if she calls and tells you that her mother has lcked her out of th ehouse. However, it is possible, that if you do so, the mom will take you to Court alleging that you have violated the terms of her visitation.
Before this situation occurs again, I recommend that you contact an attorney who practices family law in your county and scheudle a consultation with him or her. Go to the consulatation prepared to tell the lawyer about each of the dates over the past year or so when your child has called from her mother's house saying that the mom has locked her out. If there are other concerns about your daughter's treatment by her mother, you can discuss those issues too. the lawyer will be able to advise you about what your options are in light of the facts you share with him/her. Best regards.See question
My husband and I came to an end with our relationship after the discovery of another affair for the umpteenth time. I didn't take pictures so no, I don't have physical proof of it. Due to his background he's unable to find a job that would pa...
In order to obtain an Absolute Divorce in N.C., spouses must live in separate residences for more than one year( ususally interpreted to mean at least 366 consecutive days) and at least one of the spouses has to be living separate and apart with the intention for the separation to be permanent. Assuming that you want to remain in your home with your daughter, then you will need your husband to move out. Contact a Family Law Attorney to explore the ways in which your goals can be accomplished.See question
Per our separation agreement, alimony stops when she cohabitates or remarries. She is currently engaged and he is living with her. Her neighbor says his vehicle is there every night. How many nights do I have to prove he is staying there in ord...
You did not say whether your separation agreement was a free standing private contract or if all or some aspcets of the Agreement were incorporated into your Judgment for Absolute Divorce. That is the first thing you must determine as it will effect the steps you will need to follow.
A 2003 NC Court of Appeals case, Long v. Long, stands for the proposition that in order for a trial court to conclude that one party has engaged in cohabitation, there must be evidence that party engaged in the “voluntary” assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include bur are not necessarily dependent on sexual relations. To prove cohabitation between your ex-spouse and the fiance, you must produce evidence showing more than just the number of overnights the fiance sleeps over at your ex-spouse's house. This is a fairly complaicated and nuanced type of proof and you really need the help of a skilled family lawyer if you hope to prove your case.
Before you hire a PI, I suggest you schedule a time to meet with a Family Law Attorney in Guilford County and have him/her advise you about how best to proceed.
Best regards.See question
Once a person turns 18years old, he or she is legally an adult. As a general rule, this means it is up to you to decide where you will live, whether you will attend college and/or to make other important decisions about your life.
Once and 18year old has graduated from high school, his or her parents no longer have any legal responsibility to provide him or her with any financial support. For an 18 year old high school graduate, this can mean that he could find himself out on the street if he refuses to follow his parents' rules.
I do not know the context in which your question arises so I am unable to provide you with further information.
Best regards,See question
Me and father of the child dont communicate at all, even when it comes to the child we cant even have a reasonable conversation without someone getting upset, we tried mediation and it didnt work, I feel like sole custody with visitation right wou...
Regardless of whether you and the child's father have joint legal custody or if one of you has sole legal custody, your child still needs to have both parents in his/her life. This means that the 2 of you need to learn how to deal with each other in a civil fashion. My suggestion is that the 2 of you schedule some time with a child psychologist and receive some training on how to effectively communicate with each other.
With respect to the question of legal custody, even if one of you is awarded "sole" legal custody that person should always confer with the other parent when it comes to making important decisions for the child.See question
I have primary custody of a joint custody with him getting the girls one day doing the week,every other weekend,and every other weekend in the summer. Since,the summer of last year he hasn't gotten them like he suppose to. Months went by without ...
If I understand the facts correctly, you and the father of your children are subject to a Court Order which grants the two of you joint legal custody of your children. The Order also grants you primary physical custody and the father specified visitation with the children. Since last summer, the father hasn't exercised his scheduled visitation on a regular basis. Recently, when he did exercise visitation, the father refused to transport the children back to you at the end of the visitation period. Finally, he is demanding to exercise visitation this weekend, even though it isn't his scheduled weekend. When you told him it wasn't his weekend, he threatened to call the cops.
Firs,t you should locate your Child Custody Order and check to see exactly what it says about the visitation. If by its terms the Custody Order clearly shows that this coming weekend is your weekend, then you do not have to let the Father exercise visitation. Just be sure to have the Court Order on hand so you can show it to law enforcement if a patrol person shows up at your front door.
Often I hear from custodial parents like you who have problems with the non-residential parent when it comes to him exercising his visitation rights. The Court cannot make the father exercise every scheduled visit, but if he continues to not show up for visits, you can take him back to court and ask the Judge to modify the visitation schedule so that it more closely mirrors the visitation pattern the father has been exercising. If the Court agrees with you, then at least you would have a bit more predictable schedule for your own planning purposes.See question
Are there certain conditions my mom has to follow to do so?
You say that your parents have joint custody of you. Does that mean that your parents don't live in the same house? Is your Fahter someone withwhom you woudl want to liveo n a full-time basis? if the answer to both of thise questions is "Yes", then I think that you need to tell your father what is going on and ask him to step in and help you. However, if your Father is not able or willing to help you, then I think you should speak with your school's guidance counselor first thing and ask him or her to help you get in touch with your local Department of Social Services.See question
a teenager that i know is 14 and wants to know how old she needs to be to decide where she wants to live when mother and father are divorced but have joint custody.
The first thing that ought to happen is for the 14 year old to sit down with her Mom and Dad and talk to the 2 of them about where she would prefer to live and why. It is quite possible that the 3 of them can come up with an arrangement that they will all 3 find suitable.
In North Carolina until a child turns 18 years old, or is otherwise emancipated, she is not legally entitled to make the choice of whether she will live with her mother or father. Typically, that decision will be made by the parents mutually if they have joint legal custody. If there has been a substantial change of circumstances warranting a change in the child's custody and if the parents are not able to come to an agreed upon resolution, then one of the parents may choose to file a motion with the Court and ask the trial Judge has to make the decison. The child is not permitted to file the motion herself.
At if a modification trial takes place, a child of 14 may be permitted to testify. if the child testifies, the Judge will take the child's preferences into account, but the child's preferences are not binding on the Court. Ultimately, the Judge will make his/her decision based upon what he/she deems to be in the child's best interest rahter than what the child desires.See question
if one is the primary do they have more say over the child
Physical custody or parenting time can be whatever the parents agree upon if they are setting the schedule by means of a Parenting Agreement or as a part of a Separation Agreement.
If parents are not able to agree, then they have to appear in Court and present evidence to a District court Judge. Following the custody trial, the Judge will enter a Child Custody Order. In such Court Orders, the terms "primary " and "secondary' generally are used to refer to the amount of time the child spends in the physical custody of each parent when the child is not spending an equal amount of time in each parent's physical custody. When a Judge is asked to take evidence and then enter a Court Order for Child Custody, the Judge will take into account the needs of the child and each parent's ability to meet the child's needs. The schedule can be "half and half" if the Judge decides that such a scheudle is in the best interests of the child in question.See question