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Author: Culbertson & Attorneys

Culbertson and Associates > Articles posted by Culbertson & Attorneys
28 January
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Does the Biological Father Have Rights if He is Not on the Birth Certificate

Posted by Culbertson & Attorneys
in Blog
Does The Biological Father Have Rights If He Is Not On The Birth Certificate

A biological father does not have legal rights to a child if he is not listed on the birth certificate. However, if the father has established paternity through a legal process, such as by signing an acknowledgement of paternity or through a court order, he will have legal rights to the child. In order for a father to have legal rights, he must establish paternity. Resources: How to Establish Paternity in North Carolina Acknowledgement of Paternity North Carolina Father's Rights Establishing Paternity in North Carolina In North Carolina, paternity can be established before the child turns 18 years of age. There are several...

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26 January
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10 Reasons for Sole Legal Custody

Posted by Culbertson & Attorneys
in Blog
10 Reasons for Sole Legal Custody

When parents divorce or separate, one of the most important decisions that must be made is how to handle the legal custody of their child. In North Carolina, a parent may be awarded sole legal custody if the court determines that it is in the best interest of the child. This means that one parent will have the final say in important decisions about the child's life, such as education, healthcare, and religion. In this article, we will explore: What is Sole Legal Custody Benefits of Sole Legal Custody Factors the Court may Consider to Determine Sole Legal Custody Whether you are...

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30 December
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Can You Get Custody of a Child That’s Not Yours

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in Blog
Can You Get Custody of a Child That's Not Yours

Under North Carolina law, a person who is not a biological parent of a child may be able to obtain custody of that child, but it is not a straightforward process. There are several different ways that a non-biological parent can seek custody of a child in North Carolina, and the specifics of each case will depend on the specific circumstances of the situation. The first thing to consider is whether the child's biological parents are willing to allow the non-biological parent to have custody. If the biological parents are willing to sign over custody to the non-biological parent, this can...

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30 December
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Can a Father Sign Over His Rights Without the Mother’s Permission?

Posted by Culbertson & Attorneys
in Blog
Can A Father Sign Over His Rights Without The Mother’s Permission

A father can sign over his parental rights, also known as relinquishing his paternity, but he cannot do so without the mother's consent. Under North Carolina law, both parents have equal rights and responsibilities when it comes to the care and upbringing of their child. This means that both parents must be involved in any decisions related to the child, including decisions related to the father's parental rights. In order to sign over his rights, a father must go through the proper legal process. This process typically involves filing a petition with the court and obtaining a court order terminating his...

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29 December
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Do You Have to Pay Child Support If Your Are Not on the Birth Certificate?

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in Blog
Do You Have to Pay Child Support If Your Are Not on the Birth Certificate

Child support is a legal obligation for parents to provide financial support for their children. In North Carolina, both biological and adoptive parents are responsible for paying child support to help cover the costs of a child's basic needs, such as food, clothing, and housing. However, if you are not named on a child's birth certificate, you may be wondering if you are still required to pay child support. This article will provide a detailed overview of the legal issues surrounding child support in North Carolina, including the rights and obligations of parents who are not named on a child's birth...

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29 December
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How Long Does a Father Have to be Absent to Lose His Rights?

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in Blog
How Long Does a Father Have to be Absent to Lose His Rights?

The question of how long a father must be absent in order to lose his rights is a complex one, as it depends on a variety of factors and can vary from state to state. In this article, we will explore the specific legal requirements for terminating a father's parental rights due to abandonment in North Carolina, as well as other factors that may be considered by the court in determining whether to grant a petition for termination. North Carolina Law for Parental Rights Termination Under North Carolina law, a parent's rights can be terminated through a court process called termination of parental...

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12 October
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Can Unmarried Father Get Custody?

Posted by Culbertson & Attorneys
in Blog, Legal Advice
Can Unmarried Father Get Custody

An unmarried father can get custody of his child if he meets certain legal requirements and can prove that he is the child's biological father. In order to get custody, the father must first file a paternity action with the court. Once paternity is established, the father can then file a motion for custody. The court will consider several factors when determining whether or not to grant custody to an unmarried father, including the child's relationship with the father, the child's best interests, and the father's ability to care for the child. If you are an unmarried father seeking custody of your...

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10 July
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Trial in progress: 16-year-old could be tried as an adult in Houlton murder case

Posted by Culbertson & Attorneys
in News Articles
16yrold

A teenager accused of murder is in Houlton District Court to decide if he will be tried as an adult or a minor. According to the attorney general's office, Samuel Geary is accused of murdering 61 year old Keith Suitter. Law enforcement officials say Geary, then 16, along with 18-year-old Reginald Dobbins, killed Suitter in March of 2015. Suitter's body was found inside his mobile home. No details have been released on how Suitter died. The bind over hearing for Samuel Geary began Monday. According to the attorney general's office the hearing is an attempt by the state of Maine to try...

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10 July
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Man arrested in raid at Greensboro apartment found not guilty because of mental defect on weapons charges

Posted by Culbertson & Attorneys
in News Articles
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GREENSBORO, N.C. — A federal judge found a man arrested in Greensboro not guilty by reason of mental defect on federal weapons charges. The attorney for Yasseen Eltahir says Eltahir will now be bound over for a civil hearing to determine the course of his treatment for mental illness. Eltahir was arrested in a raid at the Morehead Apartments on West Market Street in May 2016. Federal court records showed he was in possession of a loaded handgun when he was arrested. They also seized a shotgun and ammunition from the apartment he shared with his parents. His sister told investigators he was a threat to...

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10 July
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OWNER SENTENCED IN GUN-SAFETY CASE\ A LITTLE-USED STATE LAW RESULTS IN THE CONVICTION OF A GREENSBORO WOMAN FOR FAILING TO STORE HER GUN SAFELY.

Posted by Culbertson & Attorneys
in News Articles
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A judge sentenced a Greensboro grandmother to two years' probation and 90 hours of community service Tuesday after she pleaded guilty to failing to properly store the gun that her 4-year-old grandson used to shoot her 6-year-old godson. Beulah Lindsay, 57, was charged in April with the state's gun-storage law. Her grandson found the loaded .38-caliber pistol in her purse behind a sofa. The little boy aimed the gun at Carlos Gilmer and shot him in the neck. He died before emergency workers could get to him.``He was my baby,' Lindsay mumbled while sobbing in front of Chief Judge Lawrence McSwain...

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