North Carolina Family Legal Questions

To become a United States citizen, usually you must show the U.S. Citizenship & Immigration Services (USCIS) that you speak, understand, and write basic English. You also must pass a test in U.S. government and history. If you have a disability that makes you unable to learn or remember new information like English and history, you can apply for a disability waiver. If USCIS grants the Waiver, you do not have to speak English or take the history test. You can still become a citizen. Retain counsel for assistance. ... Read Answer

I'm not even going to get into legal advice right now, but first wanted to say how sorry I am that you are going through this loss.  It sounds truely awful and I encourage you to seek counselors and other professionals through this process. Legally speaking, you can't get power of attorney over someone who is brain dead.  No simpler way to say it.  You also might not be in a great spot in regards to the 9 year old child.  As the grandparent, your claim to this child is likely going to be defeated by any claim of the father.  You will want to speak with a local family law attorney regarding a possible avenue to challenge the father for custody, but again, grandparents don't typically have a lot of rights in this type of situation.... Read Answer

In custody situations, criminal contempt is typically the remedy here. It requires willful disobedience of a court order without excuse. If your ex believes there would be some sort of danger if your child were to be with you pursuant to the order, the more appropriate thing to do would be for your ex to seek an emergency custody order (I have seen at least one instance of this in another state, but it would require very extreme circumstances). Since that has apparently not happened, it can be argued there is no excuse for him or her violating the order. Therefore, a court may find that contempt was comitted.  Criminal contempt requires the same standard as other crimes when taking the case to court: Proof beyond a reasonable doubt. Also, your ex would be allowed an opportunity to retain counsel or have an attorney appointed by the court if he or she cannot afford one. For these reasons, I highy recommend consulting with an attorney in your area to determine how best to proceed.... Read Answer

You cannot contact the judge directly.  The proper procedure to deal with someone who is violating a court order is to file a  Motion requesting that the opposing party appear and show cause why they should not be held in contempt for violation of the court order.   If the court finds that they willfully violated the court order and that they have the ability to comply, the court can hold them in contempt of court, and depending on the type of contempt, may imprison them, order that they pay a penalty, and order that they pay the aggrieved party's attorneys fees.  ... Read Answer

If there is no current child custody order in place, than you both have rights as parents and are free to do as you guys please. If there is a court-order in place between the two parents than you have to review the court-order for guidance and possibly a modification. Feel free to contact my office and speak with a case manager at 1-877-866-8665... Read Answer

There are many things you can do, but it all depends on what you would like to regarding the situation. Your husband is not having physical relations with you, and if you like to make the marriage work, trying out marriage counseling or relationship coaching might possibly an option for saving the marriage, otherwise proceeding to Divorce might make sense if you are ready to start a new life. Feel free to call my office and speak with a case manager for general information and guidance. 1-877-866-8665... Read Answer

Technically, in the absence of a court order or agreement dictating otherwise, you each have an equal right to time with the child involve.d  The answer to your question will likely depend on the county you are in and what has happened so far in your child custody case.  Our blog discussing denial of visitation in North Carolina child custody cases may shed some light on some of the implications.    Most counties will allow for a temporary child custody hearing in a scenario like this, in which a temporary parenting arrangement may be entered to bridge the gap between the current time and an eventual permanent child custody hearing.  However, your pending court date may already be for temporary custody, and you may not get in much quicker then the already scheduled hearing.  Outside of legal avenues, there aren't many options besides "snatching" your child back, which can create quite an ugly situation for everyone involved, may upset the judge, and is not recommended.   I strongly encourage you to contact an attorney in your local area to discuss your matter further.   Hope this helps a bit. Bill HunterHunter & Hein, Attorneys at Law, PLLC... Read Answer

Garcia, I understand you would like physical custody of your child and it is quite possible to get it. You will need to hire an attorney in North Carolina and that is around $2,500 to $4,500 for a non-trial case. If you can not afford an attorney and you are not eligible to get a low-cost or free attorney, you might want to represent yourself in court which would be a cost-effective option. What you would need to do is first make sure that the child is with you at the time you approach the court. Once the child is with you, prepare temporary custody petitions and file it in court, serve the other parent and wait for your court date. On your court date, go in front of the judge (dress appropriate) (speak proper) and answer any questions or concerns the judge may have. If you do decide to go as a Pro Se we do offer Document Preparation, Case Management Service. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read Answer

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 Answer

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 Answer

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 Answer

I strongly encourage you to immediately seek legal counsel in your local area.  There are a number of complex laws at play in a scenario like this, and it is important to understand not only North Carolina law, but the local rules within your particular jurisdiction.  View our blog for a brief discussion on denying visitation when involved in a child custody dispute in North Carolina.  Typically, we would file for both permanent child custody and temporary custody in a situation like this.  A court order would help draw lines and clarify the visitation schedules of each parent.  Once an order is in place, a non-abiding party can be held in contempt for not following the order.  Hope this helps.  ... Read Answer

Adult age in most states is 18 years old and some states are 21, 23. An adult aged son can travel with a step or biological sibling under the age of 18 with consent from parents. 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 Answer

I would recommend taking immediate action here by consulting with a child custody lawyer in your local area.  NCGS § 50-13.5(d)(3)  carves out emergency situations allowing for an ex parte custody action, including scenarios in which one parent leaves the state with the children and without a court order.  Once she has been in the state for six months, initial jurisdiction will transfer to the new state so it is important that you act quickly.  For more on emergency actions/moving out of state, see our blogs on the topics of Emergency Child Custody in North Carolina and moving out of state with children in a child custody dispute.  Hope this helps.  ... Read Answer

A parent may NOT override a judge's order for visitation.  In the scenarious you present (the other party planning something on your court ordered weekend visitation or the other party denying you visitation because they are mad at you), the party denying visitation will likely be held in contempt if you hold their feet to the fire by filing a contempt or show cause motion.  It is very important that you contact an attorney in your local area when involved in a child custody dispute.  The following two pages on our site may help shed a bit of additional light on the topics of denying parental visitation in NC child custody disputes and enforcing child custody court orders but should not be relied upon as legal advice or a substitute for competent legal representation.   In order to be held in contempt, the party in violation must be found to be in "willful" contempt of the order.  As an example, in your scenario, if the other party showed that they denied you your court ordered visitation in order to protect the well-being of the minor child involved (for instance, if you showed up heavily intoxicated to a custody exchange location to pick up your child), then the other party would not likely be helf in contempt eventhough they did not allow you to exercise your court ordered visitation.  Hope this helps.... Read Answer

I strongly encourage you to seek at least a consultation with an attorney in your county in NC.  A consultation is a cost effective way to gain a lot of information about your legal situation.   In short, if you and the other parent cannot agree on custody, you will need to file a complaint for child custody to obtain a court order addressing custody of your children.  I recenlty wrote a blog which outlines the basic procedure in child custody cases in NC, which may shed some light on the overall process. You may also want to visit your local "Self-Serve Center" at your county courthouse.  Most courthouses have a self-serve center which are designed to help pro-se litigants feel their way through the court system.  There will often be packets of information that include step by step instruction and fillable forms for specific areas of law.  Hope this helps.... Read Answer

  Before you become an adult, you cannot file a petition to change your name.  Your mother will have to do it.  And she will have to give notice to your father, and allow him the opportunity to be heard in court.   After you become an adult, you can file it yourself, you don't need either parent's approval, and you don't have to give them notice.  An attorney can handle your name change petition for you without you even having to come to court.     However, you took the trouble to mention that you believe your father has not done what he should have done as a father for you, and you mentioned signing over his rights.  Yet you only asked about getting your last name changed. Are you sure you are only talking about changing your name? Or are you more interested in a termination of parental rights?  If so, that is a whole different statute, and a whole different set of rules.  Termination of parental must be done while you are still a juvenile, and your mother, or guardian , not you, must file and prosecute it.   You should meet with an attorney as soon as possible to discuss your true goals, and the ramifications of each option, so that they can help you to meet your goals.  Since termination of parental rights must be done while you are still a juvenile, and you only have 10 months left as a juvenile.  I suggest you talk with an attorney within the next 2 weeks or so in case it turns out that that is what you are trying to do.  I hope this answer helps.     ... Read Answer

Adultery is not a grounds for divorce in North Carolinas since Notrh Carolina is a "No Fault Divorce" state.  In order to get divorced in North Carolina, you must be physically separated from your spouse, meaning that one of you must move out of the marital home with the intent to remain permanently separate and apart, for one full year.  The divorce complaint may be filed at the earliest no sooner than the first day after the full year runs. However issues related to child custody, child support, spousal support, and property distribution can be resolved without waiting for the expiration of one year requirement for absolute divorce. Adultery may impact post separation support, and possibly property division, so you should talk to an experienced family law attorney in your area to discuss the matter more thoroughly.  You can click on the "Find a Lawyer " link above to locate one in your area.... Read Answer