Ex-Parte Expires

Thank you.
Do you know the insight to filing taxes of a minor child? Which parent has the legal right in a temporary custody order and or permanent custody order? Or is this in the divorce orders/ agreement?
Thank you in advance

If you are referring to which parent can claim the minor child as a dependent and for the child tax credit, the IRS sets rules for that based on who had the child live with them the most throughout the year.

However, this can be negotiated and stated in a custody court order. Oftentimes it is agreed that the parents will take turns claiming the child in alternating years.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you in advance.
Does a parent go to jail if the minor child is taken out of state after the judge ruled no party to leave the juristiciation of each residence? Would this set aside a custody case to be seen sooner?

If a parent takes a minor child outside of NC when a court order specifically prohibits this, then the other parent can file a contempt motion (motion and order to appear and show cause) against the parent that took the child outside of NC. If the judge finds that parent in contempt (that the parent willfully violated the court order), then the judge could send the parent to jail or fine the parent.

This would not cause a custody case to be heard more quickly, but you can likely have the contempt motion heard within a few weeks to a few months after filing it.

If the parent took the child outside of the State of NC for the purpose of evading the jurisdiction of the State of NC, then the other parent could file a motion for an emergency ex-parte custody order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you.
I’m in a temporary custody order. There is no permanent custody date scheduled yet. I’m told most likely beginning of next year, we are on a waiting list with the judge. What are the North Carolina supreme court rules mandating the judge to enter a permanent custody decision following the temporary custody order please? What is the mandated time frame a judge has to enter these orders?

The permanent custody trial date can happen at anytime but generally needs to happen within one year of the temporary custody order being entered. Follow your county’s local rules about scheduling court dates.

There is no mandated time for a judge to enter a permanent custody order. If there is a permanent custody trial, judges will typically have a decision either immediately following the trial or within a week of the trial, and the order is entered within a few weeks to a few months after that, depending on who drafts the order (sometimes judges draft their own orders and sometimes judges ask the attorneys to draft the order).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Temporary custody order has been made in Union County. Permanent hearing date not posted yet. Very backed up, on a waiting list.
Can we file a motion to dismiss and change jurisdiction into mecklenburg county on the basis both parties do not reside in Union County anymore?
Thank you.

You should not dismiss the court case. The better course of action would be to file a motion to change venue. However, this may not be granted if a judge in Union County has already heard evidence, issued a temporary ruling, and the case is still pending.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you.
Can I file for Guardian Ad Litem and file a motion to compel with out an attorney? Can I file a Writ Petition or Mandamus on the basis; (1) the Judge has not yet signed our temporary custody order from May 2019 (2) since there is no alternative, legal adequate remedy (3) trial judge failed to enter a timely order?
Are these forms available on Rosen site?
Thank you

Yes, you can file a motion to appoint a guardian ad litem and a motion to compel without a lawyer.

I’m not sure of your intent when you say a “writ petition or mandamus” but if you are waiting on a formal order from the judge and you feel that the judge has not issued the written order timely, then the best course of action is to file a motion for entry of order and set it for a court date in front of that judge.

None of these motions are available on the Rosen website - you will need to prepare your own.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you.
I can file this motion for entry without an attorney?

I am noticing more questionable behaviors with my stbx leaving me deeply concerned for our child’s care. I am thinking of speaking with DSS about these concerns not to retaliate but to share these concerns. Now that we are in the temporary custody order with no sight of date for our permanent custody trial, have you see DSS getting involved with cases like mine that are midway in?

You can file any motion without an attorney however, if you are currently represented, you should thoroughly discuss this with your lawyer first and allow him or her to file the motion instead.

Yes, it is possible for DSS to become involved in pending custody matters, and it does happen. A report can be made for suspected abuse or neglect of a minor child at any time and a social worker will investigate the allegations in the report.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Parental Alienation is evident in my situation on so many passive levels. What provisions does the judge need to hear to understand how the minor child (29 months) is a victim to this? What common punishments have you see from the Judge to the parent who is doing the alienating?
Where in chapter 50 can I read more?
Thank you.

You will want to make sure you have plenty of time in court to testify to all of the other parent’s actions and the effect on the minor child as you’ve noticed or as others have noticed. Medical and mental health professionals testimony and records, if available, can also be helpful.

If the judge has determined that parental alienation has indeed occurred, then the judge will likely limit custody or visitation time as well as order therapy, appoint a parenting coordinator, etc.

Check out our article for more detailed information: Parental Alienation in North Carolina.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

order state: parties may vary from the visitation schedule set forth herein as they mutually agree in advance.
If my ex is changing the ordered visitation time to a later time for me to pick up the child because the child (29 months) does not want to get dressed and I don’t mutually agree with this? is my ex considered contempt? my ex has temp physical custody, I as visiting parent at his mercy. My ex often denies my visiting days for these reasons as well.
Thank you.

The other parent cannot change the custody exchange times in the order unless you both mutually agree per the language in your order. If you do not agree to a change, then the schedule cannot be changed and the schedule set forth in the order applies. To do anything but what the order says in the event of a disagreement is a violation of the court order and that party could be held in contempt of court.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you.
Where do I find the attorneys oath to the family laws in the state of North Carolina?
I’m trying to be clear in understanding legal counsels responsiblities to their clients in the state of north Carolina union county. I hope this question is clear.

You will likely want to look at the North Carolina State Bar Rules of Professional Conduct which governs the legal profession.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you.
6 months later since temporary hearing, there is no temporary court order that is signed.
If a party is breaching the stipulations of this order can a motion be filed for contempt without a signed order?

No, you need a written and filed order before you can file a contempt motion against the other party.

You can file a motion for entry of order and calendar it for a day in front of the judge that heard the temporary trial in order to get a written order entered.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.