North Carolina Recent Legal Answers from Lawyers

If you were terminated due to your use of FMLA, you have a legal claim for wrongful firing even if you had used all of your FMLA time. Now, there will be a "proof" issue where the employer will say it had nothing to do with the FMLA usage and you will have to come up with evidence that it did.  Further, it is possible that you might have a claim under the Americans With Disabilities Act depending on the exact facts. Althoug you have 2 years to initiate an FMLA lawsuit, you only have 180 days to initiate a claim under the ADA.  I suggest you consult with an experienced employment attorney as soon as possible. Keep in mind that attorney on this site are allowed to answer your questions, but cannot solict your representation.  That means you will need to request help directly from the attorney before s/he can offer to represent you or consult with you.... Read More

The only grounds for absolute divorce in the state of North Carolina are (1) incurable insanity and (2) separation for a period of one year.  THe most typical route people take for divorce in NC is to wait one year from the date of separation (the date on which you began living under separate roofs with the intent to remain permanently separated) and then file for divorce.   For additional info on divorce, view our blog which answers 8 common questions about divorce in North Carolina.   You may qualify for what is known as a divorce from bed and board while still living together.  This is a fault based action that is based on the marital misconduct of one party and used in part to sever the marital rights of the offending party, to establish a fault basis for other proceedings, and in rare instances, as an ejectment action to possibly force a spouse out of the home.  A divorce from bed and board does NOT create an actual absolute divorce between the parties. I strongly encourage you to seek legal counsel in your local area as these are complex areas of law.  Hope this helps a bit.    ... Read More

Donna, in order to marry someone in Dubai, you first have to figure out where you are going to get married. Is the man coming over to US or you going to Dubai and get married? After you get married if you want to bring your husband to US than you will need to petition I-130 form for a spousal visa. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read More

You will need to discuss the case details with a qualified attorney. There is very little information in your question to properly answer the question. How do I get temporary custody of my twin girls who are age 12 you have to petition the court based on the circumstances you are experiencing, whether you require an ex parte order or regular custody petition, a better assessment can be made after a consultation. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read More

The summary is not clear for a detailed response and analysis to your question. You will need to file in the court that has jurisdiction over your case. It is difficult to make that assessment from the information provided here. Please contact an attorney directly to go over your options. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read More

Kailey, you do have a case, please contact an attorney directly to go over your options. Violence in front of the child is not in the best interest of the witnessing child. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

Employers who offer 401k plans are allowed to adopt automatic enrollment. This means the employee will automatically have a certain percentage of their pay placed in the 401k plan unless the employee affirmatively "elects" to stop or change the amount. The employer is not required to change this amount until you provide them with the required notification that you want to stop or change the amount it is usually a form you have to complete or a process that complete via a website.  If you go through this process and they do not change it, then you can contact the US Department of Labor's, Employee Benefits Security Administration.... Read More

North Carolina is an employment-at-will state where an employee can be fired at any time for any reason.  You can be fired for a good reason, a bad reason or no reason at all. You can only file a wrongful firing claim when you can show the termination was motivated by an unlawful reason.  There are only two unlawful reasons in this state: unlawful discrimination or unlawful retaliation. Discrimination is unlawful only if it is based on things such as race, sex, disability etc. Retaliation is unlawful only if it is based on the employee engaging a protected activity such as filing for workers comp, using FMLA, complaining about unlawful discrimination etc.  I see neither of these in your post, but if you believe either motivated your termination, you should set a consultation with an experienced employment attorney.... Read More

I would recommend immediately contacting a family law / child custody lawyer in your local area and at least having a consultation to learn about your basic options.  You may also find our blog on child custody procedure in North Carolina useful.  In short, if you and your girlfriend are not able to agree on the terms of a child custody arrangement for your child, then you aren't with much option other than to file a complaint for child custody.  The process for permanent custody typically takes 6 to 12 months, depending on which county you file in.  If you are being denied visitation of your child, you may qualify for a temporary parenting arrangement or temporary custody hearing.  The requirements for a temporary parenting arrangement or temporary custody can vary greatly from county to county, so again, it's importantt to contact an attorney in your local area.  Hope this helps.  ... Read More

If a decision has not been made on your case, you can petition the judge to remove himself from the case based on the grounds for having a personal interest.We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read More

You will need to file for visitation and if that is provided to you by the court, you need to file for contempt. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More

If not wanting to honor the lease is the only reason the landlord has for refusing to follow it (for example, the landlord doesn't claim fraud, that the lease is illegal in some way, that it gives the landlord the right to terminate it, that the person who signed it for the landlord was not authorizedto sign it, etc.), a court would force the landlord to comply. It is possible that the other tenant has a lease with a restrictive covenant in it, i.e. a provision that says that no bar can occupy your premises.  If so, one of you is going to lose out; it is impossible to comply with both leases.  In that case, if you can't work out a settlement between the 3 of you, the landlord would be liable for any damages the losing party suffers.  My instinct would be that if, in that case, the other party had recorded its lease, it would win, you would not be able to operate your bar, and the landlord would have to pay you any monetary damages you could prove that you had suffered due to its breach of the lease, because you could have discovered the restrictive covenant if you had checked the land records; if the other tenant had not recorded its lease with the restrictive covenant, my sense it that it would lose, you could open your bar, and the landlord would have to compensate the other tenant for the breach of its lease.... Read More

You will need a lawyer to make sure you get your rights secured. If the child refuses to go, it's on the child, not the father, unless one can prove the child has been brainwashed and manipulated. We can certainly assist you. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NC.... Read More

It would be best to terminate the parental rights and keep the child all to your self for legal purposes. Suppose after 6-7 years of marriage you or he file for divorce due to problems in the marriage, if he has adopted your daughter or has custody for your daughter than as part of the divorce/break up he will walk away with the child as per the current circumstances. This is why I emphasize to all our clients that, if you are terminating parental rights, no need to transfer to anyone or add custody. Just keep the child to yourself legally, if they want to be a part of the child life they can do so with no strings attached, for your benefits. Feel free to call my office for a free consultation. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NC.... Read More

Hello, a lot of attorneys offers a free consultation. However, every attorney and law firm wants the client to retain them after the consultation. You will need to petition the court for Child Support and Serve the other parent. This way even if he does not work, he will be required to pay state minimum amount for child support. This is what many parents use to hide and cheat the system by getting an off the books job, getting paid in cash so that they can show little to no income to avoid paying child support. A competent and aggressive law firm like my can assist you, or quite directly, we can assist you in what you are desiring.  Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NC.... Read More

Namastey, The fact of the matter is that you have overstayed the B2 visa and may be considered to have an unlawful presence in the United States, which will follow any route you take.  Your best possible option herein would be to adjust your status, whether you marry a US Citizen or the F1 like you proposed and or a pending asylum application if you submitted one. If you decide to leave the United States to go to any country, you won't be able to apply for a new visa at any consulate. You will also be opening you the door to ten-year ban as well. If all your family members will become US Citizens or if any friends or relatives are, Adjusting your status under arrange marriage might be very beneficial. Please contact an attorney directly for your concerns.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have an Immigration lawyer available in North Carolina. Feel free to give us a call for a free consultation. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in North Carolina.... Read More

Child Custody cases are not cheap. He can be threatening all he wants unless he finds an attorney that can try to get custody of your daughter. At that point, you will need to find a lawyer to defend you and keep your daughter with you. Custody cases normally start with $3,000.00 USD. Just wanted to give you this information as you mentioned you are with your mother so you can let her know how much the custody case might start with so that you and she best be prepared financially. However, since you have the child primarily, you will get sole-physical custody, and because he is the father he will get joint-custody with visitation. At least I hope this is what he gets, but it will depend on the attorney that is fighting for you and your daughter. As a mother, there are already many things in your favor in a custody case. It would just be a matter of who you decide to work defending and representing you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in North Carolina. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NC.... Read More

Hello, No you do not need to pay a single penny if you do not want to if there was no initial order in place. You need to make sure that there really is no court order requesting child support from you. We get cases like these all the time. Her attorney should know better than if there was no court order that no matter how hard he or she tries they can't win unless he knows the judge personally and or you don't have a lawyer to defend and fight for you. Feel free to contact my office if you need a competent and aggressive attorney that defends fathers.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More