North Carolina Family Legal Questions

There are a number of ways that you or your  attorney can handle this, but the best method will depend on what you want to accomplish after you have made contact with him.  Are you trying to rekindle the relationship between you, establish visitation, secure child support, terminate parental rights, or something else?  Whether it would be better to hire an attorney, also deppends on what you want to accomplish.,  It would definitely be best to schedule an initial consultation with an experienced family law attorney in your area to discuss this matter and you can get your answers and use them to decide what you should do next. ... Read More

Soince you haven't mentioned any legal separation or custody orders, I assume you mean that you and your husband physically separated a year ago, but have not obtained a legal separation through the court.  If this is true, there's no law prohibitig your husband from letting his parents care for the child during your informal parenting agreement.  Courts don't have jurisdiction over families that have not brought their custody dispute into court for settlement.  If one of you decides not to allow your child to be with the other parent--for whatever reason--the only way you can untimately resolve it is to go to court to obtain a custody order as part of a legal separation or a divorce.... Read More

I would imagine that she wants copies so your daughter can qualify for as much financial aid and/or scholarships as possible.  Colleges do typically require the financial information from BOTH parents before making such a decision.  I would just redact all your social security information from the returns before turning them over to her to submit to the college.... Read More

Typically I put a requirement in my court orders that each party must keep the other advised at all times as to a current residence and work address.  Then I tell my client that if one isn't provided, just keep  the child from him until the party complies and that address is verified by my client.  If such a requirement is not in your court order, you cannot hold him in contempt.  ... Read More

Having a baby does not by itself, cause a minor child to become emancipated.  And the father of a minor child cannot be required to support a minor child after child is over 18, living independently and has children of her own?  The reason for this is if she is over 18, living independently and has children of her own, she is no longer a minor.... Read More

At 17 years old, you are still a child.  Your parents are in charge of you, and do not need your permission to monitor your emails.  It is not only the right, but the obligation of your parents to monitor your actions online.  That is just good parenting.  It is very legal for them to monitor the email accounts of their minor children.  As your parents, they can also restrict you from having an email account at all.  You should appreciate that they care enough to try to protect you from the dangers that are lurking out there trying to get to you.  I’m sure that is not the answer that you wanted to hear, but since you are still a child, that is the only answer I can give you. ... Read More

If your spouse and his girlfriend were having an intimate relationship prior to your separation, or if you suspect that the girlfriend convinced him to leave your marriage, you may have a cause of action for alienation of affection.  You should contact an experienced local lawyer to discuss this matter in more detail and obtain legal advice regarding your rights and options.... Read More

There is nothing you have indicated that would lead me to believe you are not allowed to call, text, or meet your parents in person.  Also, if you want to let them see your child, you may.  Unless there is some court order out there that you did not mention in your question. ... Read More

You were supposed to have received the motion and the notice of hearing regarding modification of the child custody order.  If you did not and the court has already modified the order, a Rule 60 motion might be appropriate to reopen the case and have the matter heard again.  You can contact the clerk’s office to see what has already happened in the case.  You should contact a local attorney to assist you in determining whether you will need to reopen the case, and in handling the matter for you. ... Read More

If the other parent has committed a robbery while the child was in his custody, and you have evidence of that, you owe it to yourself and to your child to file for modification of custody as soon as possible, since the other parent is placing him in grave danger.  You may also want to consider filing an ex parte motion for emergency change of custody.  You can file this motion on your own if you understand the law and know what you are doing, or you can speak with a lawyer in your area to get more advice and to possibly have them handle this for you.   Whichever, you do decide to do, you should do it as soon as possible.    ... Read More

This is not a family law issue; it is an employment law issue.  I do not practice employment law but decided to answer because it is unlikely you will get an answer from an employment lawyer to a question that is posted under family law.  Whether or not your husband can be fired from his job depends on the rules they have in place at his place of employment, and whether he violated those rules.  Please keep in mind that NC is an employment at will state, and unless he has an employment contract, they can fire him for any reason with the exception of certain constitutionally protected reasons.  Please consult an employment lawyer in your area to discuss this matter.  They can explain the law to you after they have heard the rest of your details. ... Read More

Yes, a spouse can “sign over” a house to the other spouse either wholly or jointly. Most people in that situation put the house in joint names, rather than in the sole name of the other spouse, but your choice depends on the intentions of both spouses.   A better phrase would be “deed over” the house, however. Unlike a car title that can simply be endorsed to change ownership, any change of ownership of a house must be done by a legally prepared deed filed at the Register of Deeds in your county. You will probably need a capable real estate lawyer to prepare that deed.   Be aware that there are potential issues in a future divorce related to deeding over a house. The marital effects of deeding over part or all of the house should be explained to you, based on your specific circumstances, by a divorce lawyer.   Good luck.... Read More

You can file for contempt against him. If he is not getting unemployment, then that tells me that he was fired for cause, and thus his income at his old job may be imputed to him to determine whether or not he can comply with the court order and be held in contempt.  The threat of jail does a lot to help someone suddenly "find money" with which to comply with a court order.... Read More

Yes there are attorneys that handle civil and criminal cases. I am one of them but am in PA. You need an estate attorney. As far as the criminal case goes, it is really the police and the DA who should file criminal charges, not a private attorney. However, an attorney can file a private complaint. You really should seek a local attorney before somebody gets hurt.... Read More

It's fine to relocate.  However, an ounce of prevention is worth a pound of cure.  You should file a lawsuit/motion in the cause at least 3-6 months for you move, as the relocation is a substantial change for the child.  If father finds out about it, he could easily go to court and get an order to prevent you from leaving until the court can conduct a hearing on the relocation.  I know, because I've done it many, many times.  So, be overly cautious and get the jump by filing for permission of the court to so relocate.... Read More

Yes, most judges take these issues you address seriously.  Any attorney, if she is found in contempt, can usually recover attorney fees from the opposing party as ordered by the judge. You should contact an attorney in your area, especially in the county where the original order is entered to pursue this as quickly as possible.  ... Read More