North Carolina Child Custody Legal Questions

It might be possible depending on how it was done.  It might be possible to appeal or set aside the order.  However, you have a very limited amount of time to try to undo any order that was entered by the court.  You should contact an attorney ASAP and schedule an appointment to meet with them.  Make sure that you have with you a copy of the order and any other documents that are related to terminating your parental rights.   (I suggest that you get a copy of the entire court file. ) Once the attorney reviews your documents they can tell you whether and how, you can get your parental rights back.  Please move fast with this because both of the remedies listed above are time-specific. ... Read More

You can ask that the Court enter it as a permanent order, but you?ll have to file some sort of motion to ask that the Court do so. If you have a completely non-responsive opposing party, the best approach is probably to ask the court to hear permanent custody and then just ask that the ex-parte be entered as a permanent order.... Read More

You are a child.  You should not be involved in making decisions regarding your own custody.  Your parents are right, they should not be talking to you about it, they should be talking to each other about it, and if they cannot agree they need to file something in court to have the judge make the  decision for them.  I know this is stressful for you, but as a teenager, you have other things that you should be worrying about.  Don't borrow trouble.  Let your parents do their jobs as parents and handle this matter.  Also even though you should not be dealing with this, to answer your question, I will tell you that whether they have to meet halfway is spelled out in the custody and visitation order, if they have one.... Read More

If you plan to represent yourself, you should start by reviewing the North Carolina Rules of Civil Procedure  contained in Chapter 1A of the North Carolina General Statutes and the local rules in your jurisdiction.  This will give you a little bit of insight about what you are supposed to be doing.  However, if you want to do the smarter thing, you will contact an experienced family law attorney in your jurisdiction and they can represent you (which will include filing the answer on your behalf) Click the 'Find A Lawyer' link above to locate a family law attorney in your area. ... Read More

You should file an action in court for custody.  Most of the time, the North Carolina courts will give you primary custody instead of sole custody.  Primary custody will include a visitation schedule for the other parent.  Sole custody will not include any visitation rights spelled out by the court.  Whether the judge would award primary or sole custody in your situation will depend on the evidence that is presented at trial.   For your best chance at winning your case, you should consult an experienced family law attorney in your area to get advice and discuss legal representation.  Good luck.  ... Read More

You are a child.  You should not be involved in making decisions regarding your own custody.  Your parents are right, they should not be talking to you about it, they should be talking to each other about it, and if they cannot agree they need to file something in court to have the judge make the  decision for them.  I know this is stressful for you, but as a teenager, you have other things that you should be worrying about.  Don't borrow trouble.  Let your parents do their jobs as parents and handle this matter.  Also even though you should not be dealing with this, to answer your question, I will tell you that whether they have to meet halfway is spelled out in the custody and visitation order, if they have one.    ... Read More

No, you do not have to be married to file a Termination of Parental Rights action.  As long as you can allege and prove the requirements necessary under the law you can get his rights terminated.    North Carolina General Statute Section 7B-1111 contain the Grounds for Termination of Parental Rights.  This type of action can get very complicated, so It would be in your best interest to consult (and possibly retain) an attorney to discuss your case before you file. ... Read More

Petitin the court for an original child custody order and ask in your petition for whatever parenitng time you want. If you and the chidl's mother aren't able to settle the case on mutually agreeable terms, the Judge will decide at trial what the custody award and parenting plan should be.  Check this website for self-help court forms in North Carolina: http://www.nccourts.org/Forms/Documents/CompleteIndex.pdf.  Child custody forms start on page 21. merrisnaugle.com    ... Read More

You can file an action in court for custody.  You can either hire a lawyer to represent you on this, or you can represent yourself on it.  Some counties have a custody packet which contains a lot of the paperwork that you need to get started in the event that you choose to represent yourself.  I would advise that you talk to an attorney about this matter before you decide to proceed to get some legal advice about your situation first. ... Read More

It sounds like you need to file an action for custody of your son as soon as possible.  If she is suicidal, then you need a court to help you protect your son from her suicidal tendencies. What you say she is doing to him can only hurt him in the long run.  You should quickly consult with an experienced family law attorney in your county to get assistace or representation to file your custody case.  Good luck.... Read More

Based on the information that you gave, it sems that you have a good case for alienation of affections and for custody and child support.   The legal fees will vary depending on the attorney you choose, as each attorney or law firm sets their own pricing scale.  I would be happy to meet with you to discuss your case and review the other detals that you mentioned.  Please call our office at 919-680-2300, to schedule an appointment.  ... Read More

No one has sole custody until a Judge gives someone sole custody.  I doubt he would get any assistance from the police without a court order saying he had custody.  Whose name is listed on the birth certificate as the legal father?  If you were still married, I wonder if your husband’s name is there.  That makes a big difference in the boyfriend’s legal standing. ... Read More

A custody order may be modified anytime until the child reaches the age of maturity upon a motion and showing of changed circumstances.  I think it is smart to protect your child by starting off with supervised probation, until he proves he can do better.  Your child deserves the caution on your part. ... Read More

Your 12 year old son does not have the authority to override a judge's order.  You, not he, will be held in contempt of court, and punished, if your son's father is denied his visitation rights.  If your son does not want to go visit his father, the appropriate thing to do would be to first inquire of him as to his reasons for not wanting to go, and then to file a motion for modification in court.  Then you can present your case to the court, and give the Court the opportunity to modify the order if it agrees that your reasons and those of your son constitute a substantial change of circumstances.... Read More

You can if you are separated but still married. If you are married and actually living together, it is possible to make a child support and custody claim, but there would need to be some sort of separation involved at some point in the process. Married people who are not ending their marriage don't sue each other for child support.... Read More

It sounds more like you have an emergency custody action. File for emergency custody citing the fact that he has taken the children and fled the jurisdiction with them. Ask the Judge to authorize law enforcement to enforce any emergency order. Then you can get the police involved. Up until that point, it is a civil matter and law enforcement is likely to refuse to get involved unless there is a crime being committed. Oppression and financial abuse have no real legal definition. They are not covered by the domestic violence statutes. The DV statutes require that you be in fear of the Defendant AND (1) an assault causing bodily injury (2) OR a threat of imminent serious bodily injury (3) OR harassment that rises to the level of causing substantial emotional distress.... Read More