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North Carolina Child Custody Questions & Answers
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 
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James L. Arrasmith
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answered on May 14, 2025
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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
Q: Can I stop my daughter from being around ex's partner in NC?
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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James L. Arrasmith
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answered on May 14, 2025
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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
Q: How can I challenge my dad's custody through legal action?
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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James L. Arrasmith
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answered on Apr 16, 2025
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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
Q: How do I file for emergency custody in NC after a child's assault?
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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James L. Arrasmith
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answered on Apr 13, 2025
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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
Q: Can a single mom represent herself in a child custody case without legal aid?
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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James L. Arrasmith
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answered on Apr 13, 2025
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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
2 Answers
| Asked
in
Child Custody, Social Security, Juvenile Law, Family Law and Public Benefits
for
North Carolina
on
Q: Can I be forced to move in with my mom, given her mental health issues and my SSA benefits?
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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Donald Pilzer
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answered on Apr 16, 2025
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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.
Q: How can a father disestablish paternity in NC if previous tests conflicted?
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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James L. Arrasmith
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answered on Feb 19, 2025
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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
Q: How can I legally live apart from my parents at 17? And, if not, can the police make me go back?
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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James L. Arrasmith
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answered on Sep 12, 2024
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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
1 Answer
| Asked
in
Family Law, Child Custody, Civil Litigation and Civil Rights
for
North Carolina
on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?
Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More
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James L. Arrasmith
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answered on Aug 31, 2024
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answered on Aug 31, 2024
It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More
Q: Do I have to speak with CPS on behalf of a friend, or will they subpoena me to court?
I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?
Todd B. Kotler
answered on Jan 30, 2024
answered on Jan 30, 2024
You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.
1 Answer
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in
Child Custody, Family Law, Gov & Administrative Law and Municipal Law
for
North Carolina
on
Q: If a building inspector deems a house is against the building code, will they get dss involved for child safety?
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T. Augustus Claus
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answered on Sep 13, 2023
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answered on Sep 13, 2023
A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday
Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More
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James L. Arrasmith
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answered on Aug 6, 2023
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answered on Aug 6, 2023
To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More
Q: I have joint custody with my ex. He recently moved and won’t provide his new address
I have primary custody he only receives visitation every other weekend. I asked for the new address and he refuses to send it. Does he have to give me the new address before I release her into his custody?
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T. Augustus Claus
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answered on Jul 7, 2023
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answered on Jul 7, 2023
if your ex is refusing to provide you with his new address in violation of your custody agreement or court order, you may have legal options available to address the situation. You have grounds to take legal action, such as filing a motion with the court to enforce the custody agreement or seeking... View More
Q: How does my dad get full custody of me ?
My mother yells at me alot and makes me cry and she makes me feel like I am nothing and I dont want to be around her toxic environment
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T. Augustus Claus
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answered on Jul 5, 2023
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answered on Jul 5, 2023
I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when... View More
1 Answer
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in
Contracts, Family Law, Child Custody and Legal Malpractice
for
North Carolina
on
Q: I am unsure how to proceed with this situation
Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More
Joel Gary Selik
answered on Jun 14, 2023
answered on Jun 14, 2023
You may need to find a new attorney before getting the retainer back as that will likely be contested.
If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.
Q: How can I remove a non-biological father off of a child’s birth certificate when that individual is fighting me on it?
The biological father wants to be involved & I would like to legally change the child’s name as well & the non biological father is also contesting that.
Angela L. Haas
answered on Jun 3, 2023
answered on Jun 3, 2023
if the biological father wants to be involved, then HE needs to file an action for paternity and child custody. The non-biological father will have to be made a party to the action, if he is on the child's birth certificate. After paternity is established, the child's name can be changed,... View More
Q: At my adjucation hearing 1st time on, CPS filed for non-secure custody on half truths and lies that I can prove...
Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't... View More
John Michael Frick
answered on Apr 28, 2023
answered on Apr 28, 2023
You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.
If you did present that evidence during the hearing, you can appeal the court decision.
As for “filing” against... View More
Q: If a man abandons or signs over his rights to a previous daughter, will a judge grant custodial rights of our children?
He was physically active in his previous daughters life for several years then decided to sign over rights because he did not want to pay child support. WE ARE LOCATED IN NC
N'kia (NLN)
answered on Apr 18, 2023
answered on Apr 18, 2023
A judge will look at the totality of the circumstances and decide what's in the "best interest" of the child who is the subject of the custody litigation. In theory, terminating a parent's rights for one child could be in that child's best interest, while giving the same... View More
Q: I'm the primary legal and physical parent for my children.my current order only stayed I must notify other parent of
Contact information/ address in writing. There are no geographic limits except for traveling for vacation by giving other parent notice and itenary. Does this mean I can relocate out of state at anytime
Nova Levante
answered on Apr 15, 2023
answered on Apr 15, 2023
Based on the information provided, you are the primary legal and physical parent for your children, and the current order only requires you to notify the other parent of your contact information and address in writing. There are no specific geographic limits in the order, except for when you travel... View More
Q: My parents adopted my cousin and they live in Georgia. I want to take custody of her and move her to NC with me. Can I?
She is 16 years old. I am 28 and married. I have a 2 bedroom apartment. My parents are willing to let her go, just not to me. I want to be able to register her in school here in NC. What can I legally do to help her. She is being abused and neglected. CPS has already been called, but my parents... View More
N'kia (NLN)
answered on Apr 7, 2023
answered on Apr 7, 2023
You may want to speak with attorneys who practice in Georgia. Although there's always room for exceptions, the laws of the state where the child resides usually govern.
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