Get free answers to your Child Custody legal questions from lawyers in your area.
He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More 
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answered on Jun 2, 2024
I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More
Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More
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answered on Mar 15, 2024
In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More
I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More
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answered on Feb 7, 2024
In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More
My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More
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answered on Jan 3, 2024
In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More
To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.
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answered on Jan 2, 2024
If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More
My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?
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answered on Dec 25, 2023
If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.
In this situation, it's advisable to... View More
I want to know if I can take legal action against my former lawyer for misrepresentation and excessive billing during my custody case. The lawyer did not admit important evidence, such as my GAL Report, which might have affected the outcome. Additionally, my case was prolonged unnecessarily over... View More
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answered on Jun 25, 2025
You may have grounds to take legal action against your former lawyer if you can show that their actions—or lack of action—directly harmed the outcome of your custody case. Failing to submit critical evidence, like your GAL (Guardian ad Litem) report, may constitute legal malpractice if that... View More
I am in Buncombe County, NC, and my ex-wife is taking me back to custody court to change our existing court-ordered custody agreement from 2019, which includes our 14-year-old daughter's school arrangements. My ex-wife moved to Madison County in 2020 but continued to honor the agreement. We... View More
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answered on Jun 12, 2025
Your ex-wife will need to prove there has been a substantial change in circumstances that affects your daughter’s well-being in order to modify the current custody agreement. The court will focus on what is in the best interest of your daughter, not just the preferences of either parent. Her move... View More
I signed a Consent Order for Temporary Child Custody without a judge's signature. I felt pressured by my parents to sign, and I was not given time to seek legal representation. There have been no proceedings or filings with the court, and no other arrangements about visitation or support... View More
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answered on Jun 11, 2025
If the Consent Order you signed has not been filed with the court and has no judge’s signature, then it is not legally enforceable as a court order. At best, it may be seen as a private agreement, but even then, its weight is limited—especially if you signed it under pressure and without legal... View More
What can I do if my almost 17-year-old son, who is uncomfortable with our current joint custody arrangement, does not want to visit his dad for a while? He feels overly controlled when there and expressed his desire to take a break from switching between homes to his father. However, his father is... View More
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answered on Jun 7, 2025
At 17, your son's voice does carry more weight in North Carolina family court, though the custody agreement still legally stands until he turns 18 or the court modifies it. If he’s expressing discomfort and a strong desire to pause visitation, that’s worth serious attention. Judges often... View More
I am concerned about legal consequences related to my 14-year-old daughter carrying a concealed stun gun in North Carolina. She carries it everywhere, including during my custody visitations. I believe it's illegal for minors under 18 to possess or carry stun guns, and for a parent to give one... View More
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answered on Jun 1, 2025
You're right to be concerned—North Carolina law does place restrictions on weapons, including stun guns, especially when it comes to minors. Under state law, it is generally illegal for anyone under the age of 18 to possess or carry a stun gun, even for self-defense purposes. Giving or... View More
My daughter just had a baby, and the father has refused to have any contact for the past 7 months before the baby was born. Now, he and his mother have come to my door, demanding a paternity test. He is not on the birth certificate, and no legal actions regarding visitation have been initiated. The... View More
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answered on May 15, 2025
This situation is incredibly stressful, especially with a newborn who has medical needs and a mother trying to protect her peace. Since the father is not listed on the birth certificate and hasn’t filed any legal action, he currently has no legal rights to the child. Your daughter has the right... View More
I am the custodial parent with legal custody of my 12-year-old son. My ex-wife has visitation rights every other weekend. She has set up social media accounts and emails for my son without my knowledge and refuses to give me access, even instructing my son to deny me access, citing these as his... View More
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answered on May 14, 2025
That situation sounds incredibly frustrating, especially when you're trying to do what’s right for your son’s safety. As the custodial parent with legal custody, you generally have the right to make decisions regarding his welfare, which includes his online activity and digital safety. The... View More
I have temporary joint custody of my daughter. Recently, while she was at my ex's new partner's house, she was left unattended in the bathtub and cut her finger with a razor. The partner made a false claim against me and tried to sue. I asked my ex not to have our daughter at the... View More
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answered on May 14, 2025
That situation sounds deeply upsetting, and you have every right to be concerned for your daughter's safety. When a child is injured due to negligence, especially while in the care of someone new in the other parent's life, it raises serious questions about judgment and the child’s... View More
I am 14 years old, and recently, my mom lost custody of me due to my dad lying in court to gain full custody. Now, I can't communicate with my mom, whom I love and feel safe with. There have been no issues of abuse with either parent, but I don't feel comfortable living with my dad and... View More
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answered on Apr 16, 2025
You have a voice in your custody situation, even though you're 14, and the court is required to consider your wishes—especially when you express them clearly and consistently. In North Carolina, you can’t file a custody case yourself, but your mom or a legal guardian can file a motion to... View More
I have a custody agreement that allows my child to visit his dad every other weekend. During a visit, my child was sexually assaulted by his father's other minor son. I reported the incident to the police, and they advised me to file for emergency custody. I need to know how to file a motion... View More
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answered on Apr 13, 2025
I'm so sorry you and your child are going through this. In North Carolina, when a child’s safety is in immediate danger, you can file for **ex parte emergency custody**, which means the court can issue a temporary order without notifying the other parent first. The situation you’ve... View More
I am a single mom with no legal training and I can't afford to hire a lawyer. I'm trying to reach out to legal aid but haven't had success yet. Can I successfully represent myself in a child custody case, and are there any resources or support I might not be aware of that could help... View More
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answered on Apr 13, 2025
Yes, you can represent yourself in a child custody case, but it will require time and effort to understand the legal process. Many people handle custody cases on their own, known as "pro se" representation. While it’s possible to do this, it’s important to be prepared and... View More
I am 15 years old and have been living with my stepmom since I was 13. I have lived with my biological mother off and on for the past 7 years, and she currently has custody. She is dealing with depression, bipolar disorder, and mania, and wants me to move back in with her to help her clean and for... View More
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answered on Apr 16, 2025
This is for the family court to determine. They will take your best interests into account, and appoint a gaurdian ad litem to represent your views to the court.
I had a DNA test when I was 14 weeks pregnant, which confirmed him as the father. In 2023, he did another DNA test that indicated he is not the father, but he didn't inform me of this result until November 2024, after I served him with a child support order. We have a court-ordered DNA test... View More
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answered on Feb 19, 2025
In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.
Your case presents several complex factors that could affect the... View More
My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More
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answered on Sep 12, 2024
Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More
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