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North Carolina Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can I move out of our family home with my children?

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

T. Augustus Claus
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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

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

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

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's 12 she has been staying with her dad for about 2years she no longer wants to stay there and doesn't want

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.

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e

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

2 Answers | Asked in Divorce, Child Support, Child Custody and Family Law for North Carolina on
Q: How can I get a divorce if my husband refuses due to child support concerns?

I have been married for 18 years and have been separated for over 2 years without legal separation. My husband refuses to give me a divorce because he doesn't want to pay child support for our 16-year-old, who lives with me full-time. He claims to have paperwork but hasn’t initiated... View More

Melissa Averett
Melissa Averett
answered on Jul 13, 2025

To be blunt, you need to come up with the money to pay an attorney a flat fee to divorce him. But if you want to get child support that's a separate issue. You can go to child support enforcement on Monday and pay them $25 and they will go after him for child support whether you're divorced or not.

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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Can I travel to another state at 17 with only dad's permission?

I'm 17 years old, and my dad, who has primary custody of me, has given me permission to travel to another state by flight without him accompanying me. There are no specific custody arrangements or agreements mentioning travel restrictions, except that I can't travel out of the country.... View More

James L. Arrasmith
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answered on Jul 11, 2025

If your dad has primary custody and the custody order doesn’t include restrictions about traveling out of state, then his permission is usually enough. Since there’s no mention of needing your mom’s approval for domestic travel and you're not leaving the country, it’s likely you’re... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: Can I stop my kids from staying at a sober living house?

I am concerned about my children's safety due to their mother, with whom I share a custody arrangement (3 days her, 4 days me), allowing our children, ages 8 and 12, to stay overnight at the sober living house where she works. This residence is located in the projects of a city in NC. I worry... View More

James L. Arrasmith
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answered on Jul 10, 2025

Your concerns are valid, especially when it comes to your children’s safety and surroundings. While sober living homes often support recovery and can be positive places, they are not typically designed for young children to live or spend extended time in—particularly overnight. If the... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can an incarcerated parent provide caregiving support for a disabled child?

I am seeking legal advice on how an incarcerated parent can provide caregiving support for a disabled child who requires full-time supervision. The non-incarcerated parent is currently responsible for the caregiving and needs additional support to manage the child's needs. Are there legal... View More

James L. Arrasmith
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answered on Jul 10, 2025

This is a deeply challenging situation, and it's clear you're doing your best to care for your child under difficult circumstances. Even while incarcerated, a parent can still have legal rights and responsibilities related to their child, including participating in decision-making when... View More

1 Answer | Asked in Child Custody, Domestic Violence, Arbitration / Mediation Law and Family Law for North Carolina on
Q: Repercussions for unresponsive defendant in NC custody case.

If the defendant in a custody complaint does not respond within the 30 days allowed, what repercussions might they face? The complaint, filed in a specific court in Union County, seeks joint physical custody but sole legal custody. We are in contact as co-parents, and there is a mediation... View More

James L. Arrasmith
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answered on Jul 6, 2025

If the defendant fails to respond to your custody complaint within the 30-day window under North Carolina law, the court can enter a default judgment against him. That means the judge may grant the relief you requested—such as sole legal custody—without his input. However, courts in custody... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for North Carolina on
Q: Concern about ex-spouse's threats. Legal steps in NC?

I am concerned about my ex-spouse's behavior toward me and its impact on my daughter. She reposted a TikTok message suggesting harm toward me, stating her mom talks about wanting to harm or kill me. My ex-spouse has previously assaulted me but was let off after signing over custody. In this... View More

James L. Arrasmith
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answered on Jul 6, 2025

Yes, you should report this to law enforcement immediately. In North Carolina, even indirect threats—such as social media reposts suggesting harm—can be taken seriously, especially when there's a documented history of prior violence. If your daughter’s post indicates that your ex is... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Civil Litigation for North Carolina on
Q: Can a mother pursue child support from a biological father if legal paternity hasn't been set aside?

A woman altered a DNA test result during her pregnancy to convince a man he was the father, leading him to sign an Affidavit of Parentage and form a strong bond with the child over four years. After their breakup, she ordered a court DNA test, revealing he wasn't the biological father, and... View More

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answered on Jul 5, 2025

This situation raises serious legal and emotional complications. If the Affidavit of Parentage has not been legally set aside or rescinded, the man who signed it is still presumed to be the legal father under the law—even if a later DNA test shows he is not biologically related. Until a court... View More

1 Answer | Asked in Legal Malpractice, Child Custody and Family Law for North Carolina on
Q: Can I take legal action against a lawyer for misrepresentation and excessive billing in a custody case?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: Assess ex-wife's case to change custody agreement in NC after move and social services involvement.

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Is an unsigned Consent Order for child custody valid under pressure?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: How to handle a joint custody issue with a 17-year-old in NC?

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Child Custody and Family Law for North Carolina on
Q: Is it illegal for a minor to carry a stun gun in NC, and what consequences could the parent face?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: Father demanding paternity test, no legal acknowledgment, seeking no-contact order.

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Custodial parent seeking legal intervention for son's online account access due to ex-wife's refusal.

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

James L. Arrasmith
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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

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