Divorce Lawyers in Fayetteville NC – (910) 758 2402 | Professional Attorney in Fayetteville NC
Divorce Lawyers in Fayetteville NC
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Providing all family and divorce representation in Fayetteville, NC. We are a group of expert lawyers who have over 70 years of combined experiences in all areas of divorce and family laws.
FAQ on Family Law and the Divorce Process in North Carolina
1. Do Children need to testify in a divorce case
It is not child centered to make your child go through that process. There are exceptions where children need to testify, but for the majority of cases children do not deserve to be drawn into a court of law.
2. Until what age do I need to pay for child support?
This depends on State to State, but in most cases child support needs to be paid until the age of Twenty One. Normally parents do not fight about physical custody of a child in college, but there will be conflict regarding child support. In most cases, this is resolved between parents and the child based on the needs of the child.
3. What options does a parent have if the other parent does not follow the parent plan regarding visitation right?
– option to do a Family Action Motion where the parent would be able to go to court on their own and file a motion to say that you have been denied your custody rights. The court will the authority who decides on the actions to take.
– if one parent consistently breaks the terms of the court order you can apply for a contempt of court order or you can file a motion to change the terms of the original court order.
4. How is maintenance calculated when the family has debts?
This again is depended on a case by case basis, but generally speaking one takes the following points into consideration:
your reasonable needs, what debts do you have to pay off, how much can you contribute out of your own money, the other person who is paying you maintenance also needs to show if that person can meet his/her own personal needs and what amount of money left over will go towards the maintenance.
5. Do couples always have joint custody?
The law says that a judge must consider joint custody, the judge does not have to grant it, but must consider it. If the parents cannot agree on major issues, then it is an error of the court to consider joint custody. If parents cannot work together, the court will not issue joint custody.
6. How can you change supervised visits to unsupervised?
If unsupervised visits will impair the child’s emotional health or there is the possibility of physical harm, the court will not grant unsupervised visits. The parent has to prove that those circumstances that existed when the supervised order was granted, no longer exist and those circumstances has changed.
7. Can a child choose where to live?
Children should never be put in a situation where the parents lose control of decision making. Kids are not in charge irrespective of how old they are. This will put the child in the middle and the situation will hurt somebodies feelings. If you turn over that amount of power to a child, then you open the door for the child to push for more. Does the child then have the right to tell the parent what time their curfew is? Who they are allowed to see? Adult decisions need to be made by adults. You must listen to children, but children do not have the right to make decisions and the child is not in charge.
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