North Carolina Family Legal Questions

For your children's safety, you need to make sure that he uses the car seat. I suggest that you write him a note politely but clearly requesting that he comply with the law related to car seats. If he fails to obey the law, you may have to bring the matter to court, especially if he has court-ordered visitation rights. Good luck.... Read More

You are in a difficult situation!  In an ideal world, he would cooperate with you to get the house refinanced.  If he is not willing to do so, however, he leaves you with limited options.  In my view, how you proceed at this point depends on where you want to be in the future, after all of this is over.  If you are undecided, or if you do not see yourself remaining in the home in the future, then you might take one tack.  If, however, it is your desire to remain in your home, you might take another approach.   My suggestion would be this:  hire a lawyer, and file a lawsuit for equitable distribution (that is, for a division of marital property).  If you are thinking in terms of not living in the home in the future, the lawsuit would be a way to clear a path toward getting the house put up for sale.  On the other hand, if you want to keep the house, you and your lawyer could think about asking the court for an order of interim distribution, which could put the house in your name and allow you to refinance the debt.  In the same lawsuit, it might be possible to ask for post separation support and alimony, depending on your relative economic circumstances.  That might also be of assistance to you. Good luck!... Read More

Not necessarily. The issues of child support and visitation are not directly connected. The initial question is whether an Order of custody is in place. Has a Court awarded custody to you? If not, that needs to be addressed right away. Secondly, has visitation been determined by a Court Order. If not, again you need to address that. In both instances, you should always keep copies of the Orders available.... Read More