Child custody


#1

The answer to both questions is no. There is no age in NC where it is permissible for a child to make their own decisions regarding custody.

If your spouse desires to change the custody arrangement or child support then they can file a motion to modify custody in court, but they cannot make the change unilaterally.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you Helena for your response, it is good information to know.

I tried talking to my x about this, but again he cut me off and would not talk about it.

Do you have any suggestions of what I can do to get through to him besides taking legal action?


#3

Would it be possible for you and your son to attend family counseling together? That might help you address the underlying issues that made him believe it would be better to leave in the first place.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

We have been divorced for about 10 years and have a child custody agreement in place done by lawyers. The one child is now 17 and does not like being asked where he is, who he is with, or to clean up so they said they were old enough to live with the other parent and left. They did this knowing they could get away with things at the other house. For the other parent, instead of making the child realize they they should mind their parents, jumped at the situation and wrote me a letter saying they will no longer pay child support this child (along with other demands). The other parent refuses to talk to me about the situation.

  1. can the child make this decision on their own?
  2. can the other parent take it upon themselves to keep the child and not pay support without going back to court?
    I appreciate any suggestions.