North Carolina Child Custody Legal Questions

Under certain circumstances, parents can agree to modify their child support orders; however, if the modification calls for anything other than what the child support guidelines calculation, the parents must justify the deviation and follow a statutory procedure. I recommend you consult with an attorney to discuss this matter in greater detail.... Read More

Yes, it is certainly possible.  The standard for custody is evaluating the best interest of the child.  If there is reason to believe he has been abusive, then you should act to protect your child.  Has both Child Protective Services and law enforcement been contacted?  ... Read More

First, I strongly suggest you consult with an attorney in your area. The complexity of your case means that you really need legal counsel. Getting a divorce will not settle issues of child custody . In order to get a custody order a couple either needs to agree to the terms of custody and complete a parenting agreement or consent order for the judge to sign or one of the parents needs to file a lawsuit with the court for custody. In NC the court will always consider what is in the best interest of the child.... Read More

In NC unless there is a custody order in place both parents have equal rights to their child. Practically this means that either parent can pick up the child and keep the child without allowing the other parent to visit with the child. It also means that when a parent does this that parent must be with the child all of the time or risk the other parent picking the child up and keeping the child. The bottom line is you need a custody agreement or order in place as soon as possible. Please consider consulting with an attorney in your area.... Read More

A separation agreement and a divorce are two different things. A separation agreement is a contract you and your spouse enter into that resolves issues such as the division of marital property, child custody, child support, and alimony. A divorce in North Carolina can be granted by a judge after a couple has been separated (generally this means living apart) for one year, so long as one of spouse has lived in North Carolina the previous six months. If a spouse files for divorce and the other spouse does not answer the divorce complaint within 30 days, the judge can grant the divorce without the non-answering spouse being present in court. This is very important because equitable distribution of marital property and alimony are both lost forever when a divorce is granted if they have not been raised with the court. You should speak with an attorney about the specific facts of your situation.... Read More

In North Carolina, there are two types of custody. The first is physical custody, which is generally referred to as primary custody and visitation. The children generally live with the person who has primary custody and the parent with visitation picks the children up for visits. The second type of custody is referred to as legal custody. There is sole legal custody, which means that one parent has the authority to make all decisions for a child without the input of the other parent, and there is joint legal custody, which refers to a situation where both parents are to make legal decisions for the child jointly after consulting with each other. Generally, the local sheriff's department will enforce a court order on custody for a parent if the parent who does not have custody refuses to turn over the child at the proper time.... Read More

Contempt of court can either be civil or criminal. Typically but not always a civil order such as that in a divorce is enforced through the court's civil contempt of court powers. N.C. law defines civil contempt of court as : (a) Failure to comply with an order of a court is a continuing civil contempt as long as: (1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; (2a) The noncompliance by the person to whom the order is directed is willful; and (3) The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order. A person who has tried to comply with the court order and who is unable to comply should pay special attention to 2a above. Having someone take a person to enforce a court order, doesn't mean that the judge will hold the person in contempt of court. You should always consult an attorney about the particular facts of your case.... Read More

A person who is married cannot marry someone else. Bigamy is the act of marrying while a lawful spouse by a former marriage is still alive and the couple is not divorced. When a person who is married, marries someone else they commit the crime of bigamy, which in North Carolina is a felony. A person's belief that they were not married is immaterial to the crime of bigamy but can be used to mitigate sentencing. Under North Carolina General Statute 51-3, a marriage is void if one of the parties has a spouse still living and the party is not divorced from the spouse. There is no need for a person whose marriage is void to get a divorce or annulment because they are not married. Should a person with a void marriage want to be married to the person they believed they were married to prior to finding out the person was married to someone else, that person would need to get a new marriage license and remarry.... Read More

In order to file for divorce in North Carolina, the person filing for divorce must have lived in NC for at least six months prior to filing for the divorce and have been separated for more than one year. Getting a divorce in NC, closes all issues of alimony and equitable distribution, so if those are issues that someone has then that person should not file for divorce without talking with an attorney. You should consult an attorney about the particular facts of your case.... Read More

Child support in North Carolina is determined by calculating several factors including the number of overnights a parent has with a child, the amount of income each parent has to support the child, and several other factors. Whether or not one state is better for filing child support in would depend on the particular facts of the situation. The Uniform Interstate Family Support Act (UIFSA) is a law which regulates the processing of all cases in which parties are located in more than one state. Once a child support order is put in place in one state, another state can and will enforce the order. Whether or not a state would modify another state's order depends on a number of circumstances. You may find this link helpful. http://info.dhhs.state.nc.us/olm/manuals/dss/cse/man/CSEcS-04.htm. I would recommend that you consult with an attorney about the individual facts of your case.... Read More

When there is a child support order from another state in place, the Uniform Interstate Family Support Act controls the enforcement and modification of the order. It also controls when there are two competing orders. You mention that you have two competing orders but you don't say if the collection order is a North Carolina order. I would suggest that you see an attorney about the particular facts of your case and bring in the orders for the attorney to review.... Read More

Parental alienation is when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible. These feeling may be partially a result of comments by the other parent and by the characteristics, such as lack of empathy and warmth, of the rejected parent. Depending on the circumstances of a case, the age of child, the length of time the parent has been absent, and the court's findings of facts and order there may be other steps to take. Whether or not an attorney would have enough time to research a case and get the case on for a hearing, would depend entirely on the attorney and the county where the case is pending. Please consult with an attorney on your specific situation.... Read More

I'm not exactly sure what complaints your wife it threatening to make about you by your question. In North Carolina for custody cases the judge applies what is known as the best interest of the child standard. For other claims such as domestic violence a spouse, former spouse, or parent of a child can take out a complaint against the other parent. If this is done ex parte, without the other party present, the judge will set a hearing on within 10 days. At the hearing both parties can put on witness and provide the court with evidence in order for the judge to determine whether the claims meet the standard for a domestic violence protective order.... Read More

Domestic violence is a serious issue. A person's safety is always our greatest concern in these situations. In custody situations, the North Carolina court's look at what is in the best interest of the child to determine where the child should live and whether or how much visitation the other parent should have with the child. Courts do consider criminal records and domestic violence in making these decisions. I would suggest you talk with an attorney about the particular facts of your situation. Generally a person can give up their rights as a parent and they can and sometimes do this in order to avoid making child support payments.... Read More

Custody is a very complicated area of the law. Typically, if a father is not listed on the birth certificate and has not signed any paternity documents then he would not automatically be considered the father of the child. Usually, in order to get child support from a parent that is not on the birth certificate paternity must be established or the parent must consent to paying child support. I would suggest you contact an attorney to discuss the particular facts of your situation. The longer one parent has a child the more difficult it is for the other parent to get equal visitation or custody.... Read More

Generally in North Carolina, a person must have been a citizen of the state for at least 6 months and have been separated and living apart from their spouse for one year. Depending on the circumstances, a person can get an annulment but in North Carolina it is very limited. You should consult with an attorney about the facts of your case to see if you qualify.... Read More

Generally, North Carolina courts apply the best interest of the child test in custody situations. You don't mention whether there is a current custody order in place or if there is an order where it was entered. North Carolina or Texas. This is important because it can determine jurisdiction. Additionally, the home state of a child is typically where the child lives. Normally, the home state has jurisdiction to determine custody arrangements. You also don't state how long the order has been in place. These facts would be necessary to advise someone in your situation. Generally, if a person is operating under a court order or separation agreement that specifies a particular custody arrangement, then in order to change the custody arrangement that person would need to show a substantial change in circumstances from when the order was entered. If this is a NC case, the judge could consider the child's living situation and whether or not a change in custody would be in the best interest of the child. Also in NC, a child who has the sufficient mental capacity to offer a reasoned opinion as to where he/she wants to live then the child can testify either in open court or the judge may hear the child in chambers. The child's wishes are "entitled to considerable weight" but they are not controlling on the judge's decision. In other words, the judge will consider what the child wants but can rule differently if there are reasons why the judge thinks the child would be better off living with the other parent even though it isn't what the child wants. I cannot give you legal advice on your particular situation, but if you would like to discuss your specific case with me, you may call me for a consultation. Legal disclaimer: The response given is not intended to create, nor does it create, an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of North Carolina. Responses are based solely on North Carolina law unless stated otherwise... Read More

Most counties in North Carolina no longer charge people in criminal court with adultery. It is still considered a crime in North Carolina but I would be astonished if it were charged. The bottom line is don't have sex with anyone other than your spouse if you're married. As far as the torts of alienation of affection and criminal conversation (the civil version of adultery) these are still very much in vogue. However, the legislature has changed the law in recent years in regard to these torts requiring a more stringent approach and not allowing activity after separation. Speak with a family lawyer in your area.... Read More