The termination of parental rights (TPR) severs all legal ties between the parent and the child. To have a TPR a court must find that grounds for the termination exist and that the TPR is in the child’s best interest. TPR proceedings in North Carolina occur in juvenile court before a district court judge without a jury. The TPR proceeding is divided into two parts: (1) the adjudication stage where the petitioner has to prove the ground for termination, and (2) the disposition stage where the judge determines whether the TPR is in the child's best interest. To obtain a TPR, a petitioner must prove by clear and convincing evidence that the grounds exist for termination and that it is in the child's best interest for the termination to occur. There are ten (10) grounds for terminating parental rights in North Carolina. These are set out under NCGS 7B-1111. A petitioner only needs to prove one ground to successfully win a TPR. Most notably, grounds for terminating parental rights may occur if the parent has neglected or abused the child, abandoned the child, failed to legitimate the child, or incapable of providing proper care and support for the child. For a more intimate review of the grounds, please see NCGS 7B-1111. As stated above, even if the petitioner proves one of the grounds justifying termination, the judge must still find that TPR is in the child's best interest. Thus, a hearing with sworn testimony is required for all TPRs. A parent cannot simply consent to a TPR, even if they do not file an answer or appear at the hearing. Adkins Law is located in Huntersville, NC and serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Contact Adkins Law to schedule a consultation with a family lawyer in Huntersville NC.
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What is a living will? In North Carolina, a living will, also referred to as an Advanced Directive for a Natural Death, specifies what type of health care and medical treatments you prefer if you are unable to direct your health care. Without a living will in place, in the event you suffer from an illness or accident that leads to your incapacitation, you won’t be able to make decisions regarding your health care treatment. When you have a living will, you may specify what health care treatment you desire, even if you cannot communicate this to your health care provider. A living will allows you to direct your health care provider to provide you with the maximum care possible, minimum care possible, or leave the decision to the discretion of an appointed health care power of attorney agent. A health care power of attorney works in conjunction with a living will. This is the document that appoints your health care agent. A health care agent is someone who can direct your health care in the event of your incapacitation. Most people choose their spouse, significant other, relative, or close friend to be their health care power of attorney. In North Carolina, the only requirements for being a health care power of attorney are that you are at least 18 years old and you are not being compensated for your position. If you need legal advice concerning a living will, advanced directive, or health care power of attorney, please contact Adkins Law PLLC to speak with an estate planning attorney in Huntersville NC. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area. What is a separation agreement? A separation agreement is a contract between a husband and wife that sets out the terms of their separation. A separation agreement helps ensure that all property and debts are divided in a manner fitting to the divorcing parties. Separation agreements are advantageous for many reasons. The primary advantage of a separation agreement is that the parties may negotiate the terms of the agreement without having the courts involved. This gives the parties more control in making an arrangement that works best for them and keeps the matter from becoming public record. Separation agreements also tend to be quicker and less expensive than litigation. One disadvantage is enforceability. A separation agreement, as long as it isn’t incorporated as part of the divorce decree, is a contract between the parties, not a court order. To enforce a separation agreement, a party would have to bring an action for breach of contract. Breach of contract lawsuits may be lengthy and expensive. A court order, conversely, is enforceable through the power of contempt. Contempt actions tend to be easier to bring than breach of contract actions. If you need legal advice concerning separation agreements and the divorce process, please contact Adkins Law to arrange a consultation with a divorce attorney. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area. This is a common question: Do I have to come to court? In most cases, if you are represented by an attorney, you may waive your court appearance for your traffic ticket. Instead, your attorney appears on your behalf, handles your matter, and you never have to appear. Not having to miss work or school is a huge reason to hire a traffic lawyer to handle your traffic ticket. Not only may this save you money, more importantly, it saves you time. I’ve included the statute below, which authorizes waiver of appearance. § 15A-1011. Pleas in district and superior courts; waiver of appearance. (a) A defendant may plead not guilty, guilty, or no contest "(nolo contendere)." A plea may be received only from the defendant himself in open court except when:
(b) A defendant may plead no contest only with the consent of the prosecutor and the presiding judge. (c) Upon entry of a plea of guilty or no contest or after conviction on a plea of not guilty, the defendant may request permission to enter a plea of guilty or no contest as to other crimes with which he is charged in the same or another prosecutorial district as defined in G.S. 7A-60. A defendant may not enter any plea to crimes charged in another prosecutorial district as defined in G.S. 7A-60 unless the district attorney of that district consents in writing to the entry of such plea. The prosecutor or his representative may appear in person or by filing an affidavit as to the nature of the evidence gathered as to these other crimes. Entry of a plea under this subsection constitutes a waiver of venue. A superior court is granted jurisdiction to accept the plea, upon an appropriate indictment or information, even though the case may otherwise be within the exclusive original jurisdiction of the district court. A district court may accept pleas under this section only in cases within the original jurisdiction of the district court and in cases within the concurrent jurisdiction of the district and superior courts pursuant to G.S. 7A-272(c). (d) A defendant may execute a written waiver of appearance and plead not guilty and designate legal counsel to appear in his behalf in the following circumstances:
(e) In the event the judge shall permit the procedure set forth in the foregoing subsection (d), the State may offer evidence and the defendant may offer evidence, with right of cross-examination of witnesses, and the other procedures, including the right of the prosecutor to dismiss the charges, shall be the same as in any other criminal case, except for the absence of defendant. If you need legal advice regarding a traffic citation and would like to speak with a traffic lawyer at a law firm in Huntersville NC, please contact Adkins Law for a free traffic consultation. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.
Alimony is support awarded to a dependent spouse. When a married couple separates, a claim of alimony must be instituted before the divorce is finalized or it is lost. In order to file for alimony, there must be a dependent spouse and a supporting spouse. This means that one spouse, the supporting spouse, must provide economic support to the other spouse, the dependent spouse. The dependent spouse must be able to prove that he or she is truly dependent on the economic support of the supporting spouse. There can be a difference in income without such a relationship existing. If one spouse makes $55K per year, for example, and the other spouse makes $50K per year, a supporting / dependent relationship probably would not exist. If, on the other hand, one spouse makes $150K per year and the other spouse makes $35K per year, a supporting / dependent relationship would probably be found to exist. Even if a supporting / dependent relationship exists, infidelity during marriage may effect alimony. If, for example, the dependent spouse cheats on the supporting spouse during their marriage, she is barred from alimony. If the supporting spouse, however, cheats on the dependent spouse during their marriage, alimony should be automatically be granted. If you need legal advice for alimony in North Carolina, specifically in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville NC, and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Contact Adkins Law to speak with an alimony lawyer today. What is a living will? In North Carolina, a living will, also referred to as an Advanced Directive for a Natural Death, specifies what type of health care and medical treatments you prefer if you are unable to direct your health care. Without a living will in place, in the event you suffer from an illness or accident that leads to your incapacitation, you won’t be able to make decisions regarding your health care treatment. When you have a living will, you may specify what health care treatment you desire, even if you cannot communicate this to your health care provider. A living will allows you to direct your health care provider to provide you with the maximum care possible, minimum care possible, or leave the decision to the discretion of an appointed health care power of attorney agent. A health care power of attorney works in conjunction with a living will. This is the document that appoints your health care agent. A health care agent is someone who can direct your health care in the event of your incapacitation. Most people choose their spouse, significant other, relative, or close friend to be their health care power of attorney. In North Carolina, the only requirements for being a health care power of attorney are that you are at least 18 years old and you are not being compensated for your position. If you need legal advice concerning a living will, advanced directive, or health care power of attorney, please contact Adkins Law PLLC to speak with an estate planning attorney in Huntersville NC. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area. In Family Law, child custody issues tend to be the most difficult matters. Typically, both parents want to spend as much time as possible with their child(ren), which often leads to conflict. Ideally, child custody agreements are entered into outside of court. Parents, after all, know their children more intimately than judges and are better able to determine what is best for their child. If the parents are agreeable, such agreements are preferable to litigation. What is child custody in North Carolina? In North Carolina, there are two types of child custody: legal custody and physical custody. Legal custody concerns decision-making. The parent who holds legal custody is able to make important decisions regarding the child’s education, religion, medical procedures, and activities. Physical custody, on the other hand, concerns where the child lives. The parent who holds primary physical custody resides with the child(ren) and provides the child(ren) with physical care. What is the difference between sole custody and joint custody in North Carolina? Legal custody and physical custody may be held exclusively by one parent (sole) or shared between both parents (joint). A parent may hold sole legal custody, sole physical custody, or both. A parent may also hold sole legal custody and have joint physical custody. It really comes down to what arrangement is agreed to by the parents or what the court deems is in the best interests of the child. If you need legal advice concerning child custody in Huntersville NC, and would like to speak with a child custody attorney in Huntersville NC, please contact Adkins Law to schedule a child custody consultation. A child custody lawyer from Adkins Law can provide you with child custody legal advice. If Adkins Law is unable to provide you with the legal advice or legal assistance that you need, we will put you in touch with the best child custody attorney possible. Evicting a tenant can be difficult and confusing if you haven’t been through the process before. Even if you have previously evicted someone, there are plenty of headaches that come along with the eviction process. From start to finish the process typically takes about 30 days. An eviction may, however, take up to several months. In order to institute a proceeding for summary ejectment, a tenant must have either: 1. Failed to surrender possession of the leased premises after the lease has expired, or 2. Failed to comply with the requirements of the lease and the lease allows for termination in such an event (ex. failure to pay rent or using drugs on premises). Once a landlord determines that the tenant has done one of these things, the landlord must give written notice to the tenant that his or her right of possession has been terminated. Written notice is typically done by way of a letter sent by certified mail. After notice has been given, the landlord may file the complaint for summary ejectment with the clerk. This consists of filling out a packet of paperwork that you can retrieve from the clerk. In Mecklenburg County, the current cost for filing the complaint is $96.00. There is also an additional $30.00 fee for each defendant the sheriff has to serve. After the complaint has been filed, a court date will be set. The court date is typically between one to four weeks after the filing of the complaint. At the hearing, you must present your case to a magistrate. Depending on what you requested in your complaint, a ruling will be made on possession and rent that is past due. If judgment is entered in favor of the landlord, the tenant has a 10-day period to appeal. If the tenant appeals, a new court date for the matter will be set in District Court. This can take as long as a few months. During this appeal period, the tenant is allowed to remain on the premises, but must continue to pay rent. If the tenant does not appeal the judgment, or in the case of an unsuccessful appeal, the landlord may have the eviction enforced by filing a Writ of Possession with the court and having it served on the tenant. The sheriff will notify the tenant of the eviction date and ensure that the tenant is physically removed from the premises on that date. If the tenant leaves personal property in the premises, the landlord must provide the tenant with written notice before the property can be removed or sold. The tenant is allowed a 10-day period to return and retrieve the property if he or she makes a request with the landlord. After this period has lapsed and the landlord has notified the tenant of his or her intentions to remove or sell the property, the tenant has 10-days to respond. If the tenant does not respond, the landlord may remove or sell the property. The proceeds of the sale may be used to reimburse the landlord for any expenses regarding the eviction proceeding and / or any unpaid rent. If you need assistance in evicting a tenant or would like to schedule a consultation with an eviction attorney in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Call (704) 274-5677 to arrange a consultation. Did you get a traffic ticket in Mecklenburg County? Traffic tickets, especially moving violations such as speeding tickets, can be very expensive. The true cost of your traffic ticket is much more than your fine. Not only will you be assessed court costs, which are way more expensive that the fine itself, but your insurance rates will typically increase. If you get a speeding ticket in Mecklenburg County, you can expect to have points assessed against your insurance. These points are different than the points that are assessed against your driver’s license. Depending on your driving record, a traffic lawyer in Mecklenburg County may be able to have your speeding ticket reduced to a non-moving violation. A non-moving violation, such as improper equipment, prevents your insurance rates from increasing because no points are assessed against your insurance. Although the court costs and fines associated with an improper equipment violation are currently $263.00 in Mecklenburg County, preventing your insurance rates from increasing will save you hundreds of dollars or more over the long term. Plus, this keeps points off your insurance in the case of future traffic violations. If you got a traffic ticket in Mecklenburg County, contact Adkins Law PLLC for a free traffic consultation with a traffic lawyer. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Over the last several years, possession of marijuana has become decriminalized in North Carolina. Many police officers in Charlotte, Huntersville, Cornelius, Davidson, and the Lake Norman area have been advised to issue citations for possession of marijuana as opposed to making an arrest. Either way, if you are charged with misdemeanor possession of marijuana, it may have a serious impact on your life. While you may not be facing time in jail, you may lose your job or be expelled from school. If you have been charged with possession of marijuana in Mecklenburg County, it is highly recommended that you hire a criminal attorney to provide you with legal advice and represent you in court. Often times, especially for first time offenders, a criminal defense attorney is able to negotiate your charge and obtain a dismissal in exchange for you completing a drug education class. After your matter has been resolved, and depending on the outcome of your charge, a criminal lawyer is able to process an expunction for you. An expunction removes all record of the charge from your criminal records. Potential employers and schools won’t have to find out about your marijuana charge. If you have been charged with possession of marijuana in Huntersville NC, or the Charlotte NC area, contact Adkins Law for a free consultation. If we are unable to provide you with the legal advice that you need, we will find you the best criminal lawyer possible and put you in touch with them. Adkins Law PLLC is located in Huntersville NC and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Denver, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Attorney Christopher Adkins is a former Charlotte-Mecklenburg Police Department (CMPD) police officer who has made hundreds of arrests specifically involving possession of marijuana, has issued several hundred citations specifically for possession of marijuana, and has defended hundreds of clients for marijuana possession and drug paraphernalia. Attorney Christopher Adkins knows exactly how law enforcement officers build their cases against you and exactly how to best defend you. Contact Adkins Law to arrange a consultation with a Huntersville criminal defense attorney, Adkins Law can arrange a consultation with a Huntersville defense attorney for marijuana possession to discuss your options. |
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