Family Questions and Answers
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I have separated and I want to get support for the children. What do I
need to do?
You can file a civil action for child support. You can also file a claim for
support by visiting the Child Support Enforcement Agency in the county you
live.
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I have children and would like to get custody of them. What can I do?
To get legal custody of your children you must file a civil action for
custody. The court will consider all factors surrounding the childrens life
and determine if it is in the child's best interest that custody will be
placed with you. For information about clinics and self-help materials to
help you file on your own you can contact the Centralized Intake Unit of
Legal Aid of Legal Aid of North Carolina, Inc.
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The father of my children is not paying child support. Do I have to let
him see the children?
Yes. The duty to pay child support and the right of a parent to have access
to his children are independent of each other. You should not deny
visitation unless you are convinced that the child(ren) could be in danger
if he/she visited with the other parent.
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I have a court order granting me visitation, but the children’s mother
is not allowing visitation. What can I do?
Non-compliance with a court order constitutes contempt of court. You are
entitled to file proper motions in court to find the mother of the children
in contempt. Consult with an attorney before proceeding for contempt.
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I am a grandmother. Can I get custody of my grandchildren?
If the children have not been the subject of an ongoing custody action, a
grandparent can sue for custody in only limited circumstances. The
grandparent must show that the parents are unfit or that in some way they
have relinquished their constitutional parental rights. This means that the
grandparent will have to show that in some way the parents have acted in a
way that is contrary to their parental duties.
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I am afraid that my spouse is planning to take the children to another
state and I will never see them. What can I do?
You can obtain an emergency custody order. This type of order can be entered
when there is clear danger that the child(ren) will be removed from the
state or if there is imminent danger of physical or sexual harm to the
child(ren). An order of this type can give a parent immediate custody until
the matter is reviewed later on by the court. This type of action is
complicated. You should consult with an attorney
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My husband left and has failed to pay the rent or any bills. What can I
do?
You can file an action for child support. Contact the Child Support
Enforcement Agency in your county. You should also immediately contact the
local state and county agencies for assistance for you and your family. You
may be eligible for food stamps, Medicaid and cash assistance. You also may
be eligible for spousal support. You will need to contact a private attorney
for assistance.
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I would like to file for a divorce. What can I do?
To file for divorce in North Carolina, you must have been separated for one
(1) year and be a resident of North Carolina for at least six (6) months
before filing. For information about filing on your own and clinics that can
assist you contact the Centralized Intake Unit of Legal Aid of North Carolina, Inc.
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I have received a complaint for custody and mediation has been
scheduled. What should I do?
Mediation is a process that seeks a friendly resolution of custody. Only the
parties involved in the custody action can participate. Attorneys are not
present. You must attend the scheduled mediation unless the court exempts
it. Be prepared to discuss the visitation arrangements for you or for the
other side. If mediation does not resolve the case, then it will be
scheduled for hearing in front of a judge. (See the instruction on
mediation)
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Because of her age and health, my mother is unable to handle her
personal affairs such as paying bills, getting information from her doctor.
What can I do?
Your mother can prepare a Power of Attorney (POA) and designate you as her
agent to take care of her affairs. A POA must be prepared by a person who is
competent. It gives specific authority to someone to take care of personal
affairs. A POA can be prepared to take effect when the person giving
authority becomes incompetent or unable to handle her/his affairs.
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If my parent is incompetent and unable to understand or make decisions,
can he/she prepare a POA?
No. An incompetent person cannot prepare a Power of Attorney. An appointed
guardian can make decisions for another person who is incompetent. A
guardianship petition because of incompetence must be filed with the Clerk
of Superior Court. It requires a determination of incompetency. You should
consult with an attorney if you need to file a guardianship petition.
Family Law Brochures and Other Resources
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
an attorney regarding your particular situation. See our complete
disclaimer.
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.