Divorce and prisoners


Since I don’t live in North Carolina, I have no idea what any of the divorce laws are. Could someone please help me with my topic?

Thank you


To attorneys who read this.
I understand that there is a certain point where I would need to hire an attorney to ask my questions if you need payment in order to give me any kind of answer. I thinks it’s unfair to me to not have a response than for one of you to just say “I don’t have the answers”. All I want is an answer whether it’s a don’t know or hire an attorney. Since I’ve posted this, I’ve seen all kinds of responses to others who have posted after me so what’s the big deal in letting me know I can’t be helped or that you’d rather not deal with a case like this? I’m open to any kind of answer.

Love and hugs,


Everytime you send a post, it sends you to the back of the line…they answer the posts in the order they are received. The lawyers have to deal with their day-to-day practice first and then work on this forum on their “down-time”. They try to answer the posts as fast as they can, but are limited to what they can do with only so many hours in the day. I have gotten some great answers to my posts, but had to be patient with getting the responses…they work hard and are not compensated for this forum.


Dear Earth Angel,

I am sorry you are frustrated about the delay in receiving a response, we are working as hard as we can to ensure all questions posted on the forum receive throughtful answers.

Your first question is whether an inmate will be required to pay support while they incarcerated. I am assuming that you are referring to child support. While an individual is incarcerated they are not required to pay child support because they do not have an ability to pay, and would not be required to pay back child support when they are released. The only exception would be if the inmate had a significant estate, you might be able to seek support from their estate. They will have an obligation to pay support once they are released. As their release date gets closer, I would advise you to contact North Carolina Child Support Enforcement and they can assist you in obtaining support.

A father has a right to have visitation with his children, unless it is not in the child’s best interests to have visitation. It is unlikely that he would be able to get physical custody away from you, but unless he has harmed the child, he will likely be able to get visitation.

An inmate would be required to defend themselves or hire an attorney.

Family members generally do not have rights to visitation, though in North Carolina, grandparents can be granted visitation rights in limited circumstances.

I think that you need to at least consult with an attorney in North Carolina and give them all the facts. They can help you determine if you need to retain an attorney to represent you on your custody issues at this time.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


My questions concern inmates who have a spouse who is filing a divorce. Will the inmate be required to pay suupport from the time it’s filed until the release date and pay what is owed when they get out? Is it possible for the inmate to gain custody once they are released? How will the inmate be able to defend him or herself if they have no attorney? Can it be disputed until the release date? DO family members of an inmate have any rights at all regarding a minor child?

Any help would be appreciated. If I can talk one-on-one with an attorney that would be helpful.

Thank you and God bless.