Claimed Lawyer ProfileQ&A
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Domestic Violence
- Domestic Violence Restraining Orders, Victims Rights , Victims Rights
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- North Carolina
- English: Spoken, Written
- Partner Attorney
- McIlveen Family Law Firm
- - Current
- Partner Attorney - Family Law in Charlotte and Gastonia NC
- Case Western Reserve University
- Lenoir-Rhyne College
- North Carolina State Bar
- - Current
Articles & Publications
- The North Carolina Divorce Guidebook
- Word Association Publishers
- Building an Inc. 5000 Law Firm, Lawyernomics, Las Vegas, NV
- Angela McIlveen spoke a the Avvo Lawyernomics conference on Building an Inc. 5000 Law Firm
- NON-TRADITIONAL FAMILY STRUCTURES AND PATERNITY DISPUTES, Advanced Divorce Law, Charlotte
- Angela McIlveen spoke on Non Traditional Family Law Structures and Paternity
- Value and Dividing Complex Assets, Advanced Divorce Law, Charlotte
- Angela McIlveen spoke on advanced divorce law.
- Failure to Obtain and Interpret all Financial Documents, Divorce Law: Common Mistakes in Dividing Assets, Raleigh
- Angela McIlveen spoke on common mistakes in Divorce when you fail to obtain financial documents.
Websites & Blogs
15 Questions Answered
- Q. I married in January 2019 and broke up in February 2019. What's my separation date?
- A: Your question is when are you legally separated in NC. North Carolina defines legal separation as living separate and apart with one party intending the separation to be permanent. When your husband moved out of the home on February 14, 2019, did one of you intend the separation to be permanent or were you continuing to work on your marriage? If he moved on out on the 14th and that was the end of your marriage (you didn't continue to have sex or spend nights together), then February 14, 2019, is your date of separation. If you have more questions about divorce or your date of separation you should talk to a divorce lawyer. In NC, you have to be separated for one year and one day before filing for divorce. The earliest date you can file for divorce is February 15, 2020. You can learn more about divorce on our website: https://www.mcilveenfamilylaw.com/north-carolina/divorce-information-facts/
- Q. I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?
- A: Child support may be court-ordered or agreed upon by parents. You don't say whether your child support is court-ordered. If your child support is court-ordered then you are only required to pay what is ordered by the court. It sounds like your child's mother has a very unstable situation. She has lost her job, lost her housing, is living with someone and has lost daycare assistance. Perhaps, the better question to ask is would you be able to better care for your child than she can? If you can then maybe you should consider hiring an attorney to help you get custody of your child. If you think your child is ok living with the mother then maybe you want your child in daycare because you can be sure your child is safe during the day and is getting breakfast and lunch. If that's the case, it may be worth it for you to pay child care directly. If you do pay child care you could seek to modify your child support to account for the fact that you are paying for child support. You can learn more about child support by visiting our website: https://www.mcilveenfamilylaw.com/caseswehandle/child-support/
- Q. Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?
- A: The United States Constitution provides that parents have the right to raise their children. There is no distinction between mothers and fathers. Fathers have just as much right to parent their children as mothers. When there isn't a custody order in place, parents have equal rights. This means you have the same rights as your child's mother. You can pick your child up and keep your child. You can transfer him to a new school. The issue you may run into is that his mother can do the same thing back to you. She can also pick him up and keep him or change his school. Child custody lawyers, like myself, call this rush to the schoolhouse. It happens when parents rush to the school to beat each other to get there first so they can be the one to snatch the child back again. It sounds like what you really need is a court order for child custody. In your situation, you should talk to an attorney about getting an emergency or temporary custody order. You can view more information on child custody on our website: https://www.mcilveenfamilylaw.com/north-carolina/charlotte/
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