Unmarried w/newborn

#1

Since you are not married, and are both on the title to the house, you will have a hard time forcing the other party out of the house. A court might order it, but there would have to be some extreme circumstances (domestic violence) to make that happen.

As far as your child is concerned, if she tries to leave, you should ask the court for temporary emergency custody. If she leaves, you will have to find her in order to get custody, but the court may issue an exparte (on your own) order, which will make her return with the child once she is found. North Carolina is does not base custody of the child on the gender of the parent, so a father has just as much chance to get custody as a mother.

Child support calculations can take into consideration income from any source. So, I would certainly argue to a court that she has income from her inheritance (which may be more than she was getting from her job.)

If you do not give another person permission to access your individual bank account, then it is a crime. You should contact the local district attorney’s office.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.

#2

I searched thru the forums and could not find this topic addressed so I’m hoping you can help…

My girlfriend and I are unmarried but have lived in a house we jointly purchased for the past 3 years. Both names are on the deed and the mortgage and we have been paying all the bills 50/50 for the most part.

She has a 12 year old daughter from a previous marriage. She divorced that father and left the state with the child shortly after her birth. He has had virtually no contact with his daughter. I’m now afraid she may do this again.

We are now about to have a baby together but the relationship between us is starting to fall apart. So my questions are:

  1. Can either person force the other person to vacate the house involuntarily? Can either person force the house to be sold and equally divided?

  2. Can either person leave the state with the newborn child and not let the oter parent know their new whereabouts? How would this affect custody in the future if the parent and child can’t be found or are not found for a long period of time?

  3. What chance does the father have of obtaining full custody of a newborn if the mother is not breastfeeding and would be seperated from his half-sister?

  4. If the mother received a six-figure inheritance last year and subsequently switched from a position paying $50K/year to a position paying $1000/month…Will this inheritance or voluntarily reduction in income be taken into account when calculating child support?

  5. If both parties have electronic access to each person’s personal checking accounts and one party transfers money from the personal account of the other party to the joint checking account and then withdraws it, is their any recourse or criminal action the affected party can take?

I’d appreciate any advice you can give on these matters…I promise you will be my first choice for representation if it comes down to that!