If I want to address something in the final custody hearing in addition to custody and distribution, do I need to file a motion beforehand? No time added, it would be included with the time I already have.
It depends on what you want to address but in general, a judge cannot rule on a claim or request without a motion being filed and calendared for the court date.
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.
- Defamation including damages
- Emotional Abuse including damages
- Child abuse
Is there a specific form any of those or a generic one? For example Motion to Continue is WAKE-DOM-20A. Appear and Show Cause is WAKE-DOM-05B.
Also, when filling out motions how do you fill the date that you’ll be serving the other part if you haven’t gotten it back from the judge yet?
There is no template or form to use when filing for defamation, emotional abuse, or child abuse. For child abuse, you can make a report to your county’s child protective services (CPS) and/or law enforcement.
Each county calendars motions differently. You’ll need to contact your county’s clerk’s office (or family court office) to ask about the procedure for calendaring motions. In general however, you’ll need to file the motion and then file a notice of hearing to schedule the court date that is given to you from the clerk’s office or family court office.
Some counties, like Wake, have additional local forms that must be filed to schedule a court date (for example, Wake also requires a calendar request form).
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.