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.