Providing legal representation to low-income parents…
A sample of cases handled by Legal Aid of North Carolina
Note: This is an actual case submitted by an attorney from the Legal Aid of North Carolina office in Sylva NC.
Out of anger and at a great distance from his child, a father filed
a motion to change custody of his five-year-old child. The mother had
chosen to stay at home to care for her two, pre-school children and
did not have the resources to hire an attorney. Fortunately for her,
Legal Aid was available to help her retain custody of her child
The mother and father had been divorced, the mother had been granted
legal custody of the daughter, and the father had moved to Ohio. In
the divorce judgment, no specific visitation had been set forth for
the father. However, the mother had allowed the father to visit with
his child and even take her to Ohio for periods of time.
The mother became concerned that the father was not returning the child
at agreed upon times, and the father showed no concern for the mother’s
worry. This led to arguments and several scenes at local Sheriff’s Department.
The father eventually proposed that the custody of the child should
change from the mother to the father, because the mother had no income
(except for child support) and he was gainfully employed.
The father then filed motion to change custody.
The mother contacted Legal Aid, which agreed to provide legal representation
for the mother.
The case was settled on the day of the trial by allowing the father
specific visitation times and with the mother retaining custody and
child support for the children.
"Without the availability of legal representation by Western North Carolina
Legal Services," noted the Legal Aid of North Carolina attorney, "the
mother would have lost custody of this child."
Disclaimer
The materials contained on this website are for information and educational
purposes only and do not constitute legal advice. Please contact your
Legal Aid of North Carolina office or a private attorney if you need to speak to
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Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.