How do I establish my parental rights if the other parent and I were never married? – North Carolina Short Answer In North Carolina, an unmarried parent usually establishes enforceable parental rights by first establishing legal parentage (most often paternity) and then obtaining a custody order. Parentage can be established by a signed affidavit of…
How does court-ordered mediation work in a custody case, and when is it required? – North Carolina Short Answer In North Carolina, when a custody or visitation case has a contested issue, the District Court typically sends the parents to the court’s Custody and Visitation Mediation Program before the case is set for a final…
How do I revise a parenting plan to add rules about introducing a new romantic partner to our child? – North Carolina Short Answer In North Carolina, adding “new partner introduction” rules usually means changing a custody/visitation order (often called a parenting plan). If both parents agree, the simplest path is to put the new…
If we reach an agreement, how can we turn it into a court order that can be enforced? – North Carolina Short Answer In North Carolina, parents usually turn an agreement into an enforceable court order by filing a custody case in District Court and asking the judge to sign the agreement as a written…
Can a parenting plan limit when a parent can have a new partner around the child or overnight during parenting time? – North Carolina Short Answer Yes—under North Carolina law, a parenting plan (and a court custody order) can include limits on a parent having a new romantic partner around the child or staying overnight…
What can I do if the other parent refuses to talk about changing the parenting plan after a move? – North Carolina Short Answer In North Carolina, if the other parent will not discuss changes after a move, the practical next step is usually to ask the court to enter a custody order (often by…
When should I consider asking for primary custody instead of only revising the parenting plan? – North Carolina Short Answer In North Carolina, asking for primary custody usually makes sense when the issue is not just the calendar, but a bigger change that affects the child’s welfare—like stability, safety, school routines, or a parent’s ability…
How do I start a custody case in the county where my child lives? – North Carolina Short Answer In North Carolina, a custody case usually starts by filing a child custody complaint (or raising custody in an existing family case) in District Court in the county where the child lives or is physically present.…
What happens if the other parent moves in with a new partner and it affects our current custody schedule? – North Carolina Short Answer In North Carolina, a parent moving in with a new partner does not automatically change custody or visitation. If the move (or the new household) creates a substantial change in circumstances…
How do I revise a parenting plan that was filed by agreement but is not a court custody order? – North Carolina Short Answer In North Carolina, a parenting plan that was signed and “filed” by agreement but never entered as a court custody order can usually be revised the same way it was created:…
What happens if the other parent refuses to agree to a 50-50 custody schedule? – North Carolina Short Answer In North Carolina, one parent does not have to “agree” to a 50-50 schedule for it to be possible. If the parents cannot agree, the dispute usually moves into a custody case where the court can…
Do I need to go back to court to change a parenting plan we already filed, or can we modify it by agreement? – North Carolina Short Answer In North Carolina, parents can agree to change a parenting plan, but if the plan is part of a court order (including a consent order), the safest…
Do I need to file a new custody case to change our parenting schedule if we can’t agree? – North Carolina Short Answer In North Carolina, if there is no existing custody court order (only a private parenting plan that was not entered by a judge), a parent typically must file a new child custody…
What is the divorce process like from filing through final orders? – North Carolina Short Answer In North Carolina, the divorce process usually starts with filing a verified complaint for absolute divorce in District Court, serving the other spouse, and then proving the legal requirements for divorce (most commonly, one year of living separate and…
If my spouse and I agree on the main issues, can we do an uncontested divorce? – North Carolina Short Answer Yes. In North Carolina, an “uncontested” divorce usually means an absolute divorce based on one-year separation where the other spouse does not fight the divorce and the paperwork is handled without a trial. Even…
How can I get a court order for 50-50 custody of my child? – North Carolina Short Answer In North Carolina, there is no automatic right to a 50-50 custody schedule. A court can order equal parenting time if it finds that arrangement best promotes the child’s best interests and welfare. The usual path is…
Can I ask the court for temporary orders to require my spouse to help with household bills while the divorce is pending? – North Carolina Short Answer Yes. In North Carolina, a spouse can ask the District Court for temporary spousal support (called postseparation support) to help cover reasonable living expenses, which can include household…
How can I protect the marital home and avoid foreclosure if my spouse refuses to contribute? – North Carolina Short Answer In North Carolina, protecting the marital home usually means (1) keeping the mortgage current to stop foreclosure while (2) quickly filing the right court claims so a judge can allocate responsibility and preserve the…
What can I do if my spouse abandoned the marriage and won’t communicate except for occasional calls? – North Carolina Short Answer In North Carolina, a spouse’s lack of communication does not prevent moving forward with a divorce, but it can affect how the case must be served and what claims should be filed before…
What happens if my spouse stops paying the mortgage during the divorce process? – North Carolina Short Answer In North Carolina, if a spouse stops paying the mortgage during separation and divorce, the lender can still treat the loan as unpaid and pursue late fees, default, and foreclosure based on the note and deed of…
How do I start a divorce if my spouse left the home and I don’t know where they are? – North Carolina Short Answer In North Carolina, a divorce case starts by filing a complaint and having a summons issued in the county where the case is filed. If a spouse cannot be found after…
How can I ask the court for an order letting me enter the home to do an inventory of personal property without getting in trouble? – North Carolina Short Answer In North Carolina, the safest way to enter a home after being removed under a domestic-violence protective order (50B) or a temporary agreement is to…
If a domestic-violence protective order or temporary separation order has expired, can I legally go back to the marital home? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, once a domestic-violence protective order (often called a “50B”) expires, the specific “stay away” and “excluded from the residence” restrictions in that order…
What kind of court order can prevent my spouse from selling, hiding, or damaging marital property while the divorce is pending? – North Carolina Short Answer In North Carolina, the usual tool is a temporary restraining order (TRO) and, if needed, a preliminary injunction that tells a spouse not to sell, transfer, hide, or damage…
