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Ex parte custody hearing in NC.: My hearing is coming up soon. I have photographs of my child having belt marks on his body at age 3. I also have medical records to support this evidence. I also have evidence of family history of violence. What are my chances of being successful in this case? By the way I am pro se.

Asked 5 months ago in Child Custody

Zachary’s answer: I would strongly encourage you to go to court with an attorney. Getting medical records, photos, etc. into evidence can be very tricky without a lawyer. II don't have nearly enough information to guess your probability of success, but I can guarantee that your chances of success will go up substantially if you hire a family lawyer. If you can't afford a lawyer, call legal aid. They may be able to assist you.

Answered 5 months ago.


What do I need to file a custody agreement?: I'm looking to go into active military and I can't go into it unless I have a custody agreement either my ex about our son saying she has custody. We have an agreement between ourselves that she does and I just need to make it court legal. I get to see him whenever I want.

Asked 5 months ago in Child Custody

Zachary’s answer: This is something that a family law attorney should be able to resolve pretty quickly. A complaint for custody should be filed. Then the parties can draft a consent order and present it to the judge for signature. I would assume hiring an attorney to walk you through this process would cost anywhere from $1,000 to $5,000. If you can't afford this, I would encourage you to get a "pro se" custody packet from the clerk's office. Fill it out the best you can, and do the best you can drafting a custody order. Then schedule a consultation w/ an attorney, and see if they will be able to assist you on an hourly basis. Good luck!

Answered 5 months ago.


How can my husband have his ex-wife charged with contempt, perjury and forgery that was not addressed in family court?: My husbands ex wife committed several counts of perjury through notarized statements to the family court judge during the 2015-2016 divorce, custody and ED case in Cumberland County, North Carolina. These statements were not subject to cross examination or rebuttal. She violated court orders and even committed 2 counts of forgery by signing his name to motor vehicle titles while in a no liquidation order. Is there a way to present this to a prosecutor? We feel this not being presented or addressed in the custody hearing impacted the judge's decision.

Asked 5 months ago in Domestic Violence

Zachary’s answer: He can take the issue of forgery to the magistrate. They will probably forward him to a detective, and the detective will decide whether or not to pursue charges based on the evidence. As for violating the order, your husband can file a motion asking that she be held in contempt. As for the allegation of perjury, it is extremely rare that someone is charged criminally or punished directly for perjury. That being said, lying in court is still a terrible idea. You lose credibility with the judge. If it can be proved that she's committed perjury, she's going to have an extremely difficult time convincing the judge of her side of the story.

Answered 5 months ago.