Should Chris Rock pay child support to a child he hasn't adopted yet?

Chris Rock has recently divorced from his wife and mother of his two biological daughters Lola and Zahra. Rock listed these daughters as dependents in his divorce papers, however, his wife, Malaak Compton-Rock, is also asking that he financially support Ntombi-futhi Samantha. Ntombi, a South African native, has lived with the Rock family for seven years, however, the couple never adopted her. Rock claims that he owes no duty of financial support to Ntombi but Compton-Rock claims otherwise.*

Child Support

In North Carolina, the legal mother and father of minor children are financially responsible for their care until they reach the age of eighteen (or graduate high school under certain circumstances). Contrary to popular belief, the amount owed is based on what is needed to meet the reasonable needs of the child's health, education, and maintenance. (Many people wrongfully believe it is 1/4 of dad's income) 

Child Support is paid:

1. By the parent who does not have the child the majority of the time (the non-custodial parent)
2. Based on the income of both parents using a NC Child Support Worksheet

There is also a presumption that all children born to a marriage are the biological children of the couple. However, this presumption can be overcome with DNA testing and other factors. In Rock's case, it is not likely that he will be responsible for the financial support of the child through child support because Rock never adopted Ntombi. 

However, we all know that courts hate deadbeat dads and will find a way to punish those who run from their responsibilities. Rock's wife has a good argument for Breach of Contract if the couple agreed to adopt and care for Ntombi and Rock is now going back on his word. He's also held himself out as Ntombi's dad for seven years and may be estopped (prevented) from now claiming that she is no longer his responsibility. 

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Chris Rock’s ex wife wants child support for South African girl: report," by Nicole Lyn Pesce, New York Daily News, accessed December 2, 2015. http://www.nydailynews.com/entertainment/movies/chris-rock-wife-mystery-south-african-girl-article-1.2452469

 **Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Do I need a prenuptial agreement like Dutchess and Caesar on Black Ink?

Dutchess and Caesar have been discussing a prenuptial agreement on VH1's show Black Ink. Many have questioned whether or not they, themselves, need the agreement and if it will sully the marriage before it even begins.

Before drafting a prenuptial agreement, consider how it will make your future spouse feel and if you have given them enough time to map out their options.  Also consider that while you may be the bread-winner now, that may not always be the case and you could be signing away your rights to money that you helped your spouse earn during the marriage. 

In North Carolina, these are the requirements for a valid prenuptial agreement:

1. The prenup is only effective on the date of marriage
2. It must be in writing and signed by both people
3. Both people must disclose all of their assets and debts
4. Both people must sign voluntarily 

How do I get out of this mess?

If you'd like to get out of your prenuptial agreement there is hope. You must either: 

1. Revoke or amend the agreement in writing and have the revocation signed by both people  
2. Show the court that you will require government assistance if the agreement is not rescinded (revoked)
3. Show that you were never married 
4. Prove to the court that you did not enter into the agreement voluntarily and you were coerced or under duress when you signed (signing on your wedding date may not be enough by the way)

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Kaley Cuoco cites irreconcilable in her divorce. Do I have to cite a reason for my divorce in North Carolina?

"Big Bang Theory" star Kaley Cuoco has filed for divorce from her tennis pro husband, Ryan Sweeting. She cited that the two separated due to "irreconcilable differences" as she likely filed in a jurisdiction that requires fault by at least one party before a divorce is finalized.* However, in North Carolina, neither party has to necessarily be at fault. The steps for filing divorce in NC are listed below:

1. In NC you must be separated for 1 year (unless your spouse is incompetent or insane). 
2. After this one year separation you can file for divorce using the forms provided at most clerk's offices or by submitting a complaint for absolute divorce. 
3. Your spouse is then served and he/she has 30 days to respond to and/or challenge your complaint for divorce. If your spouse is served and does not respond within the 30 day period, you may file for a Summary Judgment Divorce which automatically grants your divorce because no one has challenged it. 
4. You will then be awarded an Absolute Divorce or "Divorce Decree" signed by a judge ending your marriage and allowing you to re-marry.

Remember that you must file to separate the property, receive spousal support, and request alimony before your final divorce decree is entered or you lose them forever.

Filing all of the claims related to the marriage/divorce at once will also save you some money because there is just one filing fee! You can file for child support and child custody at anytime before, during or after the marriage depending on your living situation. However, there will be a separate filing fee if you do them each separately, so ask your attorney about filing them all at once.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Kaley Cuoco Cites Irreconcilable Differences as She Files for Divorce From Ryan Sweeting – and Yes, There's a Prenup" by Karen Mizoguchi,

09/28/2015 AT 08:00 PM EDT, http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences. Accessed September 29, 2015.

 **Photo Credit:http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How can I terminate my ex's parental rights?

Nia Guzman, the mother of Chris Brown's daughter Royalty is in a custody and child support battle with the rapper following an initial agreement for $1,500.00 per month. She has made statements about not trusting Brown with Royalty while he's on tour. Chris has comeback and said that he does not trust Nia with the child because Nia's new boyfriend is a felon on the run.* Nia seems to be fighting to limit or end Chris's visitation rights. While we do not know how this case will end, if you are also wondering if you or your ex's rights can be terminated, this post may be helpful. 

To terminate your ex's parental rights you must show the court that your ex:

1. Abused or neglected the child
2. Has not provided financial support or consistent care to the child for 6-12 months depending on the circumstances
3. Is incapable of providing care due to a mental illness 
4. Has lost his/her parental rights to another child or
5. There are pending adoption proceedings and he/she does not object to the adoption

To request that the court terminate your ex's rights, you must:

1. Be the parent of the child
2. The child has lived with you for at least 2 years or
3. You have filed for adoption

Keep in Mind

• You WILL have a hearing on your request so you'll be required to answer your ex's questions and prepare questions for him/her to answer. Because we all have a Constitutional and inherent right to care for our children you have an uphill battle in convincing the judge to terminate your ex's parental rights. 

• Terminating a person's parental rights completely and permanently terminates all rights and obligations of the parent to the child. So you cannot terminate your ex's rights then ask for child support or change your mind later.

• This is usually the type of case pursued by the Department of Social Services or a procedure completed during an adoption case. 

There are other instances that permit the termination of parental rights but this is a quick list for those looking for concise information. Your first step is likely to file a custody and/or child support claim so, feel free to contact my office with any questions specific to your case.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*" Chris Brown -- My Baby Mama's BF Is a Wanted Man!!" by TMZ Staff, Aug. 28, 2015, 11:50 AM PDT. http://www.tmz.com/2015/08/28/chris-brown-king-ba-wanted-forgery-nia-guzman-royalty.

*"Chris Brown -- My Baby Mama's Got Terrible Judgment In Boyfriends," by TMZ Staff, Sept. 1, 2015 3:40 AM PDT. http://www.tmz.com/search/news/chris%20brown?adid=TMZ_Web_Nav_Search#ixzz3kh9dRnOK.

 **Photo Credit: www.ibtimes.com

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How did Terrence Howard's Separation Agreement get overturned?

In North Carolina, a married couple can enter into an agreement after they have separated. This agreement generally includes terms regarding the amount and length of payments for spousal support and/or alimony and also distributes the debts and assets of the couple. It usually saves money in legal fees once the couple files for divorce as all of the financial issues have been handled in the separation agreement. However, because this agreement is a contract it may not be valid if either person commits fraud or coercion, the agreement was signed under duress, or the terms were illegal. 

Terrence Howard and his third wife, Michelle Ghent, entered into a separation agreement and it seems as though the agreement required that he pay spousal support. He claimed that he signed the agreement under duress because she "blackmailed him with threats of releasing naked photos and videos" if he did not sign.* The judge ruled in his favor and the separation agreement was deemed invalid as the two did not sign the contract on their own free will. Now the couple must either enter into a new agreement or prepare for hearings on each issue in the old agreement. 

There are many "loopholes" to consider when drafting a separation agreement and calculating alimony and post-separation support will require the assistance of an attorney so be sure to submit any questions to my email below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

* "Terrence Howard Wins Spousal Support War With Ex," by TMZ Staff, August 24, 2015, Accessed August 25, 2015, http://www.tmz.com/2015/08/24/terrence-howard-wins-spousal-support-fight-michelle-ghent-divorce/#ixzz3jr814NsK.

 **Photo Credit: "Terrence Howard Is Secretly Divorced! Empire Star and Ex Mira Howard Ended Marriage in July," by Brett Malec Tue., Aug. 18, 2015 10:51 AM PD; http://www.eonline.com/news/687447/terrence-howard-is-secretly-divorced-empire-star-and-ex-mira-howard-ended-marriage-in-july, Accessed August 25, 2015. 

 

 **Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How did Miranda Lambert and Blake Shelton get divorced in just 2 weeks?

You may have heard that Blake Shelton and Miranda Lambert are divorced after he filed divorce documents just 2 weeks before it all became final. After  4 years of marriage and allegations of adultery from both sides, the divorce was signed by a judge in Oklahoma earlier this week.* Many are wondering, how can a couple get divorced that quickly? Did they have time to try to fix their problems?

According to Title 43, Section 101 of the Oklahoma Statutes, a divorce is granted only on a basis of fault. While states like North Carolina do not require that either party was at fault to grant a divorce, Oklahoma requires one spouse to show that the other engaged in one of the following:  

1. Abandonment for one year 
2. Adultery
3. Impotency
4. Wife is pregnant by another man while married
5. Extreme cruelty
6. Fraudulent Contract
7. Incompatibility
8. Habitual Drunkenness
9. Gross neglect of duty 
10. Imprisonment for a felony
11. Divorced in another state
12. Spouse insane for 5 years

So, it seems that there is no waiting period of 6 months or one year as there is in other states before a divorce is granted. Just a showing that one person caused the divorce and it, therefore, should be granted.

In North Carolina you must only show that: 

1. You and your spouse have lived separate and apart for one year
2. AND least one of you intended to end the marriage when you left the marital home.

Keep in mind that you must file for alimony, post-separation support, and a distribution of the property before your divorce is finalized otherwise you lose these claims forever. 

There are also issues that may arise if you and your spouse reconciled during the separation, if someone cheated or engaged in "marital fault," or had children during the marriage so be sure to contact an attorney before filing any documents. Calculating alimony and post-separation support will also require the assistance of an attorney so be sure to submit any questions to my email below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*See www.tmz.com article by TMZ Staff, "Blake Shelton, Miranda Lambert OFFICIALLY SINGLE Judge Signed Off on Divorce," http://www.tmz.com/2015/07/20/blake-shelton-miranda-lambert-divorce-judge-single.

**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Can I still live with my ex after we are separated or divorced like Ben Affleck and Jennifer Garner?

As you may have heard, Ben Affleck and Jennifer Garner have ended their marriage pretty amicably. It is reported that they still wear their wedding rings and live together despite being recently divorced. Some couples may choose to do the same for financial reasons or for the sake of the children. 

In North Carolina, if you are considering living with your ex while separated consider the following: 

1. Remember that you must live "separate and apart" for one year before getting divorced
2. When the parties "reconcile" and move back in together, the clock for the one-year separation requirement before getting divorced starts over
3. Post-separation support also ends if the party receiving it "resumes marital relations" with their spouse

If you are considering living with your ex after divorced consider:

1. In NC, alimony ends if the receiving party engages in "cohabitation" 
2. Arguably, your moving back in with your ex-wife/ex-husband is cohabitation which may terminate alimony payments

***If you have questions about moving back in with your spouse or ex, please contact our office for more information on the potential claims or loss of claims against you or your spouse. Keep in mind that there are negative implications to moving in or out of the marital home at certain phases of the marriage so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

What if my name or my spouse's name is listed on Ashley Madison or AshleyMadison.com?

As you may have heard, there was a recent breach in the online cheating site AshleyMadison.com's security system listing clients who have used the site's services. The site caters to married individuals or those in a relationship hoping to cheat on their mates with like-minded people boasting the slogan, "Life is short. Have an affair." (See the online article "Online Cheating Site AshleyMadison Hacked" by Brian Krebs at www.krebsonsecurity.com)

If you've seen your spouse's name listed or suspect that they might be cheating, you have a few options in North Carolina.

1. Collect Post-Separation Support (PSS)
   
1. PSS is given to the spouse who was not at fault AND depends on the cheating spouse financially
2. PSS ends on the date the divorce is finalized
2. Collect Alimony
   
1. Alimony is given to the spouse who was not at fault AND depends on the cheating spouse financially
2. Alimony will be paid for a length of time after the divorce is finalized but will end if the non-cheating spouse remarries, moves in with someone of the opposite sex or either party dies
3. Begin to split the property
   
1. Even if you do not qualify for PSS or Alimony you can split up the property and begin collecting money from your spouse's pension, 401k or other assets earned during the marriage
2. No cheating or fault is required for this process to begin
4. File a lawsuit of Alienation of Affections and/or Criminal Conversation against their lover(s).  
   
1. If you also know the name(s) of the person(s) your spouse contacted and possibly cheated with, you may have a lawsuit against him/her for Alienation of Affections and/or Criminal Conversation
2. For more information on these potential claims, see my blog post titled My Spouse Cheated How Can I Get A Divorce?
5. Separate from your spouse and wait for the one year time period to get divorced
   

If your name is listed on AshleyMadison.com you have a few options in North Carolina including:

1. Speak to your spouse about what happened in a very open and honest conversation before they hear about from a 3rd party (and they will hear about it)
2. Consult with an attorney about filing a lawsuit for fraud and/or breach of contract against Avid Life Media, the company that owns AshleyMadison.com (See the online article "Online Cheating Site AshleyMadison Hacked" by Brian Krebs at www.krebsonsecurity.com)
3. Consult with an attorney about any claims your spouse may file against you for cheating (listed above) during the marriage to make a plan of action and hopefully proactively reach an agreement before the case ends up in court.

***If you or your spouse were listed on AshleyMadison.com and you live in the areas listed below, please contact our office for more information on the potential claims against you or your spouse. Keep in mind that there are negative implications to moving out of the marital home so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How can I get custody of my grandchild?

Ever wonder how parents like Jenelle Evans from "Teen Mom" lose custody rights of their children to the grandparents? It may seem impossible but it can happen under certain circumstances. 

Generally, only parents may petition for custody of their children as they have superior rights to all others. However, if you have a close relationship with your grandchild or other family member, you may be able to gain visitation rights.

File a Motion

If either parent is currently in court for custody, you can file a Motion to Intervene and ask the court to give you visitation rights with the child. You must show that you have a close relationship with the child and keep in mind that your rights will not be superior to a parent.

File for Custody

In NC, anyone can petition for custody of a child. But as a non-parent, you must show that the parents have neglected or abandoned the children to gain custody. Otherwise, the court will search for a solution that allows either parent to continue as the caretaker for the children. Once a custody action has been filed, you may at any time reach an agreement to forgo a court hearing.

Adoption

You will have a hearing where the judge must determine if the adoption is in the child's best interest. If neither parent is interested in custody, is willing to consent to adoption, or has taken no action as a parent, you may be able to adopt the child.

***If you are interested in gaining custody of your grandchild or are fighting custody against a grandparent and you live in the areas listed below, please contact our office for more information. Keep in mind that there are many factors that will impact your custody case so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

What are the different custody types the Court could award to Kourtney Kardashian and Scott Disick?

You may have heard the Kourtney Kardashian and Scott Disick have split

(although we've all heard that before). Kourtney claims she does not want shared custody because of Scott's history of partying and drinking.* But some may wonder, what types of custody can be awarded. Below are types of custody generally awarded in most jurisdictions. 

Physical Custody

Sole Physical Custody with Visitation Rights

• One parent keeps the children most of the time and the other parent visits the children
• The customary schedule is one parent has sole physical custody and the other visits every other weekend

Joint Physical Custody

•  Each parent sees the children as equally as possible
• Common schedules are one week on and one week off, every weekend and summers for one parent, or three days with the children four days without.

Split/Shared Physical Custody

• This schedule gives one parent custody of one child and the other parent custody of the other
• Typically the father keeps the male children and the mother keeps the female children

Legal Custody

• This is not physical custody but an entirely different type of custody
• Legal custody is given to the parent(s) who are better suited to make decisions for the children
• Sometimes this is split where the primary caregiver makes decisions about school, religion, and extracurricular activities and the other makes daily decisions when the children are in their care such as discipline and eating schedules. 

**If you have questions about child custody please contact our office for more information based on your specific circumstances. Keep in mind that it is never suggested that you represent yourself in court, so always contact an attorney before taking any action.**

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"KOURTNEY KARDASHIAN I WANT JOINT CUSTODY ... For The Kids' Sake," by TMZ Staff, http://www.tmz.com/2015/07/27/kourtney-kardashian-scott-disick-joint-custody-money?adid=TMZ_Search_Results. Accessed August 2, 2015.
 
**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How can I become emancipated?

Children with high incomes may wish to become emancipated like the high profile cases of Macaulay Culkin, Drew Barrymore, and Ariel Winter (Alex Dunphy of Modern Family). Others may wish to be emancipated so that they can make their own decisions. If you are considering emancipation, here are the steps you must take to be successful.

In North Carolina there a two ways to become emancipated: 

1. Use this Form ask the court to become emancipated after you turn 16 and live in the same North Carolina county for 6 months
2. Get married

If you are not married, you must ask the court to emancipate you. In order to do this you must convince the court that your emancipation is:

1. In your best interest
2. That you do not support your parents and they would not need your continued support
3. That you can support yourself without your parents' assistance

Take into consideration that you will be responsible for enrolling in school, continuing to attend school (on time), and working to support yourself if you do become emancipated. Also remember that if either parent is paying child support to the other, payments will stop once you become emancipated.

***If you have questions about the emancipation process and live in the areas listed below, please contact our office for more information. Keep in mind that there are many financial implications to both you and your parents when filing for emancipation so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

What if my child refuses to go to visitation?

While no attorney will advise you to violate a court order ordering visitation, it can be very difficult to force a child to visit with another parent when they are refusing to do so.

First, find out why the child does not want to go to visitation. If he/she has a legitimate fear of going

to visit their mom or dad, you may need to file for a protective order. Otherwise, file for a modification of custody so you will have a good defense when the other parent claims that you've violated the order.

It could also be beneficial if the other parent comes over to your home to visit with the child. If you all had a rough break-up this may not be feasible but it allows the other parent to foster a relationship with the child but puts minimal stress on the child.

Allow the other parent to pick the child up from school on his/her visitation dates. This way there is

no physical transfer from one parent to the other which will also be less traumatic on the child.

Ultimately, the more the child visits with both parents, the more comfortable he/she will be with custody visitation schedule.

If you have specific questions about custody, filing motions, or your rights as a parent, contact our office at (919)321-6569, nastasia@kisalawatkins.com, www.kisalawatkins.com.

How do I get child support that's owed to me?

Want to know how the mothers of the children of celebrities Levi Johnson (child with Bristol Palin), Jon Gosselin (has 8 children with Kate Gosselin), Stevie J (accused of owing over $1 million to his 2 children), and Lil Scrappy (accused of owing $45,000 in back child support to Erica Dixon) receive back child support? 



The process for getting arrears or "back child support" paid to you depends on how you obtained child support in the first place.

 

 

Department of Social Services (DSS) Child Support

1. Let your child support agent know that you have not been paid and he/she will start the process
2. If your ex does not immediately pay, they will be given a court date where they must tell the court why they haven't paid
3. If no good reason is given or no payment is made, your ex will likely be given a sentence of 90 days in jail or he/she can be released when payment is made

Private Child Support

1. If you personally filed for child support without going through DSS then you must file a Motion to get the money you are owed
2. Again, your ex must give the court good reason why he/she hasn't paid or face jailtime
3. However, no child support agent will assist you with this process and you must hire an attorney for assistance 

***See our other posts for information about getting unpaid child support. If you have specific questions feel free to contact us using any of the links below. Keep in mind that we don't suggest that you appear in court alone or navigate the legal process without assistance, so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

What if my spouse files for divorce first?

You may feel that your spouse has the upper hand by filing for divorce first, but they don't. In NC, you must simply respond to their complaint for divorce within 30 days of receiving it or request an additional 30 days respond if you need more time This will give you time to hire an attorney if you do not agree with the claims in the divorce complaint.

Responding to Divorce 

When you respond, remember to admit or deny each allegation in his complaint. Then request any alimony, post-separation support, and distribution of the marital property otherwise you'll lose rights to each claim. This is your chance to inform the court of all of the ugly things your spouse has done to you throughout the marriage (not while you were separated). But remember, once you start slinging the mud, it will be thrown right back at you should there be a hearing. Speak with an attorney to determine which issues the court will consider and only include those facts. 

Generally, the court will want the custody of the children born from the marriage to be resolved with the divorce. Otherwise, the court must be informed that the custody proceedings are ongoing and will be resolved in the near future. Child support can be requested at any time after you all separated.See our other blog posts for more information about requesting child support.

If your marriage was broken up because your spouse had an affair, you may also have a claim against the other man/woman. For more information about these claims, Alimony and Post-Separation Support check my other blogs using the links provided. Responding to a divorce may require financial affidavits, motions, and hearings so contact my office if you have questions at (919) 321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.

My ex is in jail, how do I get divorced and custody of the children?

Surprisingly, an ex in jail is one of the easiest obstacles to overcome when getting a divorce or custody because they will have a difficult time challenging your lawsuit. Unlike criminal court, your ex does not have a right to appear in court so you will likely get whatever you request from the court.

Divorce

A divorce can help you sell the home, cars, or move on with a new relationship. 

1. The Rules of Civil Procedure require that you serve your ex with the divorce papers so, serve them at their new jail address. He/she does not have to respond. See: Blog Post.
2. You will be given a court date where you must testify that you've been separated for one year and one day before you are awarded a final divorce decree
3. You can then let your ex know that he/she is now divorce

FYI: you can lose your rights to spousal support, alimony, and rights to the marital property if you do not timely file a request for these benefits. Contact a local attorney for more information.

Custody

A custody order in your favor can help you enroll the children in school, move to a new country, and make decisions without consulting their incarcerated parent. 

1. You can request custody at the same time that you request a divorce so serve your ex with this lawsuit at their new jail address as well
2. At the court date, inform the court that you have been the sole caregiver of the children and the length of time that your ex has been, and will be, in jail
3. Your ex has a Constitutional right to care for his/her children, however, if the court finds that they have abandoned their children by going to jail long-term, you will likely get sole custody

FYI: there is a difference between sole custody, adoption, and terminating a parent's parental rights. Contact a local attorney for more information.

For more information contact me at (919)321-6569, nastasia@kisalawatkins, www.kisalawatkins.com

How do I file for child support?

In NC, there are 2 ways to apply for child support, either through the Department of Social Services or privately through a lawsuit.

Department of Social Services (DSS)

While this is usually a longer process, it does hold some benefits.

Pros

1. The fee is only $25 to start the process
2. If the parent paying child support fails to do so, his/her tax refund can be taken, their wages can be garnished, and the State will pay for the process to arrest him through court order 
3. The County Attorney will argue for sufficient and adequate child support on behalf of DSS which will benefit your case 
4. DSS will provide you with the paperwork so that you don't have to manage your case alone

Cons

1. The process can last for a few months (more if one parent is out of state)
2. If the parents don't agree on a child support payment then there may be several court dates to negotiate and establish a court ordered payment
3. Neither party has a right to an appointed attorney so each party must pay for an attorney

Private Child Support Lawsuit

This process is generally quicker but is only suggested for couples who have already discussed child support and simply need the courts to decide on an amount.

Pros

1. You can settle out of court for more than you may get through DSS
2. You can request a court date usually sooner than you'd get to court through DSS and the waiting period in court will be much shorter 
3. Payments can be made directly to you as opposed to being paid to NC Child Support Enforcement, processed, and then posted to your child support debit card

Cons

1. The filing fee is currently $150.00 for a new lawsuit, however, you can include child custody in this lawsuit which is not possible through DSS (maybe this is a Pro)
2. Through a private lawsuit you cannot garnish wages or immediately gain access to a tax refund due to unpaid child support
3. You must either hire an attorney or navigate the legal system without assistance

If you have specific questions about child support in North Carolina, feel free to contact me at (919)321-6569, nastasia@kisalawatkins.com, www.kisalawatkins.com.

Interested in knowing the process to getting a restraining order like the one Orlando Scandrick received against Draya Michele?

You may have heard about Orlando Scandrick (cornerback for the Dallas Cowboys) filing for a restraining order against his fiance Draya Michele (Basketball Wives LA star). He accused Draya of, "blasting him with pepper spray and even threatening to pour bleach in his eyes."* He actually obtained a temporary restraining order (likely the 10 day temporary order described below) but did not attend the court date necessary to finalize the restraining order.* If you're wondering how this is possible, the process and differences in North Carolina restraining orders is listed below. 

In NC there are two types of restraining orders:

1. 50B is only for domestic violence and the parties must be:

1. former spouses
2. persons of the opposite sex who lived together
3. parent-child or grandparent-grandchild relationships
4. have a child together
5. once lived together
6. or opposite sex dating relationships

Benefits of a 50B Protective Order

• You can gain a temporary order preventing your abuser from contacting you without a hearing, however, a hearing will be required within 10 days
• The court can order the abuser to stop abusing, threatening, harassing, and contacting you for up to 1 year
• You can gain temporary custody of the children, child support, possession of the residence, household items and even pets
• Any contact in violation of the order results in an arrest and possible jail-time.
• Keep in mind that same-sex couples are not protected under this statute unless they once lived together. 

2. 50C protects parties who do not have a domestic relationship

• This type of restraining order does not allow the police to immediately arrest a person in violation of the order as does a 50B Domestic Violence Protection Order
• If an abuser is in violation of this order, you must file a motion allowing the abuser to give an explanation for the reason for his/her contact

Remember in either instance, the "victim" cannot allow contact in violation of the restraining order because it is a Court Order.

It's always best to speak with an attorney to weigh the possible outcomes of your case. However, if you'd like to know more about these restraining orders check out N.C. Gen. Stat. 50-B and  N.C. Gen. Stat. 50-C. If you have questions about a restraining order, contact me at**: 

Kisala Watkins Law Group, PLLC323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Judge 86's RESTRAINING ORDER In Dom. Violence Case," by TMZ Staff, http://www.tmz.com/2015/07/28/orlando-scandrick-draya-michele-restraining-order. Accessed August 2, 2015.

**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.