Thank you.
When a judge rules a party to relocate with minor child into another state? What are the provisions the judge looks at to rule relocation? And does the jurisdiction of this custody case change into another state if relocation is ruled into that state?
Generally a judge will want to see evidence that shows a relocation is in the children’s best interests, that the relocation would be beneficial to them as far as having extended family nearby, education and academic opportunities, cultural opportunities, a parent have higher income or less business travel, etc. The judge will want to see how a relocation will benefit the children in a way that not relocating will not.
The new state will obtain jurisdiction for the custody case after the children have resided in the new state for 6 months.
Check out our NC Child Relocation Law E-Book for more detailed information on relocation in custody cases.
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.
Orders by the judge have not been signed, it is over 7 months since custody hearing. Its over 3 months since attorney filed motion to withdraw. Nothing has been signed. Opposing party breaching stipulations. What motions do I file for the judge to perform his duty? This is costing the well being of the minor child.
You should file a motion for entry of order and calendar it in front of the judge that heard the trial.
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 Rosen help me file this through their services?
Yes, with our Rosen Online Service, you can get access to a library of legal forms and communicate with an attorney. This service only costs $199/month, and could be a great resource for you to finish your court case.
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.
Are there Writ Petitions or Writ Mandamus I can file in the state of North Carolina? Is there another term for this? Where in the state laws can I find these provisions? Chapter 50?
Thank you in advance.
What are you hoping to accomplish?
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.
Its imperative we get in front of judge. To accomplish; the child is suffering per the day. The child support I am being asked for is highly absurd. I need to appeal this/notify courts.
Now that judge just signed temporary order, 7 months later, we couldnt challenge an order where no order has been entered.
The order the judge signed is the order my ex husbands attorney, who withdrew from this case, submitted. It seems the judge did not even review the edited order my attorney resubmitted. Plus why is a judge signing an order from an attorney that withdrew?
There are so many facts and facets being overlooked most Importantly ours childs wellbeing.
I dont trust CPS, risking our child going into a foster care during process.
Where can I find pro bono? How can I get supreme courts to overrule this injustice bias?
Your responses are deeply appreciated. Thank you.
If child support is not paid or paid in full because it’s not feasible what are the contempt charges towards the party not paying the support?
Thank you.
If you do not disagree with the temporary order, then the best thing to do is to calendar the permanent custody trial for a court date. You cannot appeal a temporary custody order because it is not a permanent order.
The judge can sign the order that the other attorney drafted even though he/she later withdrew from the case. It is very common for attorneys to draft orders for the judges.
In the meantime, document everything with the date it occurred so you will be able to present this information and/or testify about it at the permanent custody hearing.
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.
You mentioned “document with the date it occured” this date means the date on the signed temporary order?
Can you help me understand garnished wages for child support please? I am ordered to pay an amount I cannot fully afford. Will i be receiving documentation on how this works to register?
Am i able to set the amount to have garnished?
I am still married to the father. Is it lawful to ask a mother to pay this back dated amount while we are still married but not living together?
Something is wrong with this entire case.
Thank you.
You should document everything that happens, in case you need it for trial/testimony later, by keeping a “journal” of what happened, who said what, etc. and the date. That way, when it comes time to present a case a trial, you have everything recorded rather than to rely on your memory.
If your child support is being paid by wage withholding, the child support agent will send your employer documentation on how much to take out of your check each pay period and where to send that money. If you don’t earn enough for the wage withholding to pay your full monthly obligation, you are responsible for making up the difference by sending additional payments to centralized collections. You do not get to chose how much will be withheld each pay period.
Yes, even though you are still married to the father, you are still required to pay child support if the child support worksheet, based on your facts and circumstances, determines you owe a monthly obligation.
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.
The facts and circumstances are overlooked. This order was signed 11/8/19. We are going to appeal this due to significant factors including but not limited to not following guidelines, substantial right and new evidences.
Any suggestions?
Thank you again in advance.
If you have newly discovered evidence which is material to the case and was not reasonably available with due diligence at trial, then you should file a Rule 60 motion for relief from the judgment.
You cannot appeal a temporary order. If this is a temporary order, then you should calendar a permanent trial instead.
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 have no control over the calander. We are still on a wait list. I discovered and understanding I can Appeal a temporary custody support order in the appropriate time frame with the appropriate reasons.
Is there a rule 60 form?
Thank you.
Thank you. I have been informed I have a rule 60 motion in my case. I am not an attorney in understanding how to file this motion and verbiage this inside the motion. IE: judge ruled supervisors who live out of state to supervise me for one weekend per month, granted 9 hours per week unsupervised, states not to leave 2 county’s with no cause as to being a flight risk, imputed child support from me when I go to school, support groups and therapy as ordered and self willingness. Can you advise?
Thank you in advance.
There is no form for a Rule 60 motion. You have to draft your own, file it at the clerk’s office, and serve a filed copy on the opposing party (via their lawyer if they have a lawyer).
You cannot use a Rule 60 motion if you disagree with the ruling but you can use a Rule 60 motion for relief from the judgment if you have newly discovered evidence which is material to the case and was not reasonably available with due diligence at the time of the trial. Otherwise, calendaring a permanent hearing on the issue of custody in accordance with your county’s local rules for scheduling cases will be your best option.
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. Rule 60 needed to be filed with 10 days from order entered, from what I discovered.
Notice of appeal has been entered in accordance to timeline.
Thank you.
A Rule 59 motion for a new trial must be served within 10 days of entry of the judgment but a Rule 60 motion for relief from a judgment must be served within a reasonable amount of time after entry of the judgment but not more than one year after the entry of the judgment.
An appeal must be filed within 30 days of the entry of the judgment/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.