How can I legally regain access to the marital home if my spouse changed the locks after a restraining order was dismissed? – North Carolina Short Answer In North Carolina, if both spouses still have a legal right to the marital home and the domestic violence order has been dismissed, access is resolved in civil…
Is it legal for my spouse to refuse me a key to our shared home, and what court orders can address this? – North Carolina Short Answer Under North Carolina law, a spouse who co-owns or lawfully occupies the marital home generally has a right to be in the residence, and changing the locks to…
What evidence should I gather to seek limits on overnight visitors when the children are present? – North Carolina Short Answer In North Carolina, courts look for clear, specific proof that overnight visitors during a parent’s time with the children affect the children’s welfare. Helpful evidence includes detailed logs of visits, text or email messages,…
How do I start a separation or divorce while protecting my rights to the home and my time with the children? – North Carolina Short Answer In North Carolina, a spouse in this situation typically starts by filing a family court action for child custody (and, if ready, for divorce from bed and board, alimony,…
What should I expect to pay for emergency custody representation, and what factors make the fee go up or down? – North Carolina Short Answer North Carolina law does not set a standard price for emergency custody representation. Attorneys typically charge either an hourly rate with an upfront retainer or a flat fee for limited…
Can I obtain legal custody of my sibling if I’m a military service member living outside North Carolina? – North Carolina Short Answer Yes. In North Carolina, a nonparent relative may file for child custody in District Court, and the child’s home state—not your residence—controls jurisdiction. If your sibling faces immediate danger, you can request…
How can I file for emergency custody of my abused minor sibling while stationed out of state? – North Carolina Short Answer In North Carolina, you may seek an ex parte emergency custody order in District Court if your minor sibling faces a substantial risk of bodily injury, sexual abuse, or abduction. As a non-parent,…
What evidence of past and current abuse do I need to support an emergency custody petition? – North Carolina Short Answer In North Carolina, you must file sworn, specific facts showing the child faces a substantial risk of bodily injury, sexual abuse, or likely removal from the state to evade the court before a judge…
What steps should I take to involve child protective services in my sibling’s custody case? – North Carolina Short Answer In North Carolina, report suspected child abuse or neglect immediately to the county Department of Social Services (DSS) where the child lives or is currently located. DSS will screen and assess the report and can…
How does an emergency custody hearing work and what deadlines should I know in North Carolina? Short Answer In North Carolina, a judge can issue an ex parte (same-day, without the other side present) emergency custody order when a child faces a substantial risk of bodily injury, sexual abuse, or wrongful removal from the state.…
