Is common law marriage recongized in North Carolina? They are not trying to let her get some stuff to remember him by
Mark's answer
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Answered on October 10, 2018
North Carolina WILL recognize a common law marriage which was validly created in ANOTHER STATE. So when we work with clients we often attempt to...
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New Hanover Co. DSS took my kids today without giving any warrant or providing an A/N/D petition. Is that legal?
Mark's answer
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Answered on July 18, 2018
DSS is required to investigate any allegations of abuse and neglect. They probably have not filed any petition for abuse/neglect because they...
What age can a child in N.C decide not to go to the non custodial parent?
Mark's answer
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Answered on November 05, 2017
What age can they decide? 18
However at a younger age (as young as eight if the child has sufficient maturity) the judge can consider their...
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Can my ex move out of his ex fiance's house in one day and into his girlfriends house the same day, with our son?
Mark's answer
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Answered on November 05, 2017
Yes you can file a motion to modify child custody. If the court determines there was a substantial change in circumstances affecting the child and...
If opposing counsel took nearly a year to draft order what would you do??
Mark's answer
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Answered on November 05, 2017
That’s difficult because ultimately the judge is responsible for the order. They can delegate drafting to an attorney and often do but they are...
Archived
How can i file for primary custody while living with the father?
Mark's answer
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Answered on October 24, 2017
You have to be separated to file for custody or you can join an action for custody with an action for divorce from bed and board
Talk to an...
Grounds for appeal?
Mark's answer
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Answered on October 23, 2017
We do appeals and there are generally two types:
Appeals where you contend the judge made an error of law = easiest and least expensive
Appeals...
Can we be kept from school lunch?
Mark's answer
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Answered on October 23, 2017
Yes, as a step-parent you generally do not have any rights.
However, if your husband had gone with you it may have been different.
Find out the...
Archived
I am trying to get custody back of my 7 year old. He has been with me as primary caregiver for past 7 years.?
Mark's answer
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Answered on October 23, 2017
If it was a temporary custody hearing you should have a permanent custody hearing at which you can introduce all of this evidence
Meet with an...
Archived
What are my options for recourse when my ex's attorney knowingly lied in custody court hearing several times? I have proof.
Mark's answer
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Answered on October 23, 2017
You may be able to file a motion for rehearing under Rule 59 or Rule 60 of the North Carolina Rules of Civil procedure for misconduct by party...
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