Need NC Lawyer although I live in PA


#1

Having to obtain a lawyer in NC goes as follows for child custody issues. Is your child an established resident in NC? If so, you will need a lawyer here in NC. Look into “jurisdiction” for child custody laws. Do they go to school here? How long have they been here in NC? Was your child born in this state? Or PA? These are all questions that need answered as well. If your children have resided in NC for more than 2 consecutive years. It is highly likely that NC is there current home state.

         Also, legal aid in NC does "not" cover child custody issues.  NC's primary outlook on child custody is for "the welfare of the child" and for "what fits the childs best interest as a total" ie.. housing, primary care giving..etc..  NC is also focused on the "biological" parents rights.  They fall paramount to any other relative.  Unlike PA, there are no Grandparent's rights here in NC.

 If you feel you children are in any danger, you can file what is called an ex-parte at your courthouse in PA.  A lawyer in PA will need to help you with this, because it will need to be signed by a judge.  This will immediatly remove your children from where they are with the help of local law enforcement, or a case worker.  Your children will remain with the state until you pick them up.  If your children are in any danger, child protection services here in NC are dedicated to following up on any "child" related reported incident.

 If your children are taken back to NC, the quicker you seek counsel the better.  Legal aid handles cases in PA.  If you are seeking visitation, or custody.  The quicker, the better.  As long as there are no other "visitation schedules" in tact.  If you get your children to PA, the faster you act the better.

I hope I have helped.


#2

It sounds like you do need a N.C. lawyer. Generally the rule for establishing residency for the children is wherever they have lived for the last 6 months, continiously. However, if the children are registered or enrolled in school and it’s been less than 6 months, some states will allow you to make the argument that they intend to remain there for at least 6 months. This can be a little sketchy though. A far as obtaining a NC lawyer, and living out of state, be very careful. You’ll find that since you live out of state, your case might not get as much “attention” as someone who lives in the same county as the lawyer. There have been several posts on this site where people living out of state hired an N.C. attorney and were very disappointed with the results. You need to meet with the attorney in person (for your own benefit) AND GET EVERYTHING IN WRITING from the attorney. If he fails to deliver what he/she has promised, the N.C. Bar Association WILL DO NOTHING to help.


#3

Dear jacsval:

Greetings. Yes, if your children are here in NC and you have a custody or child support action, then you will need a NC attorney. Yes, you can hire an attorney via the phone and use mail/e-mail to represent you. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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

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


#4

PA lawyers have told me that I need a NC Lawyer because my kids are their? Is this true and can I obtain a lwyer without ever traveling to NC? Please Advise.

Jacsval