Our FAQs in Fayetteville, NC

Michael Simmons is a family man dedicated to his craft in family law; producing the best possible outcome in every scenario. He aims to help you preserve your relationships and your finances by offering affordable services and practical legal advice.

You will be provided with a list of items needed to bring upon consultation.

Going through a divorce is not an easy process. There are many things to consider at a time when your emotions may be running high. In North Carolina, you must be separated for a year and a day prior to filing for divorce and be a resident in the state for at least six (6) months prior to filing your petition. Additionally, there are a number of other factors that could impact whether or not you receive other remedies available to you that are lost once a divorce is finalized.

The “polar star” in custody actions is what is in the best interests of the children. If you are in a position where your custody rights are in jeopardy, you need an attorney who can best guide you through what is often a very lengthy process. Cases involving child custody are often a Marathon not a sprint, meaning you need an attorney dedicated to spending the time with you to develop your case and put you in the best possible position. Child custody generally has tow forms. There is legal custody which deals with who has rights to the sharing of the child’s information and decision making; and physical custody which deals with who the child resides with and for how long. It is important to understand that the Court is looking to make a determination on which parent is able to best facilitate a relationship with the child and the other parent, promote the child’s health and well-being, along with a number of other factors.

Domestic Violence is a serious matter that can be damaging not only to the parties involved, but those who are exposed to the situation. It is important to know that there are people there to help you get out of the violence and secure relief from the court to prevent it from continuing. Additionally, we are here to help you defend against accusations lodge against you for domestic violence and provide you with the best possible legal advice on how to protect yourself from those claims.

In North Carolina, when a child is alleged to be abused, neglected or dependent, the Department of Social Services becomes involved to ensure that the child is protected. There are particular statues that authorize the Department of Social Services to conduct investigations into allegations concerning the well-being of the child and to determine if there is a need for state involvement. Should the investigate lead to a determination that abuse, neglect or dependency has occurred, the Department of Social Services may move forward with removing your child from your home through the Court.

For purposes of equitable distribution, property is generally classified in one of three manners: a) Marital Property: any property that was obtained by you and/or your spouse during the marriage up until time you separate. b) Separate Property: Property you and/or your spouse owned prior to getting married. c) Divisible Property: the increases and decreases in value of marital property after the date of separation but prior to the property being distributed. It is important to understand the differences in these types of property, how they should be accounted for and in some cases protected prior to hearings to determine how they should be distributed amongst the parties.

Cash, Check, All Major Credit Cards

A child is considered abused if his or her parent, guardian, custodian, or caretaker does any of the following:

• Causes serious physical injury to the child that does not happen by accident, or allows another to do so.
• Creates a substantial risk of serious physical injury to the child, other than by accident, or allows another to do so.
• Uses cruel or grossly inappropriate discipline on the child, or allows another to do so.
• Commits certain sex crimes against the child, or permits or encourages the child to commit sex crimes or participate in sex crimes.
• Causes serious emotional damage to the child, or allows another to do so.
• Commits a crime of human trafficking, involuntary servitude, or sexual servitude against the child, or allows another to do so.
• Encourages or approves of delinquent behavior that involves immoral acts by the child.

A child is neglected if the child does not receive proper care, supervision, or discipline, from the child’s parent, guardian, custodian, or caretaker; or the child has been abandoned. A child is neglected if the child lives in an environment injurious to the child’s welfare. A child is also neglected if the child is not provided necessary medical or remedial care or is unlawfully placed for adoption.

A dependent child is one who needs assistance or placement because the child does not have a parent, guardian, or custodian who is taking responsibility for the child’s care or supervision. A dependent child is also one whose parent, guardian, or custodian is unable to provide for the child’s care or supervision and does not have an alternative care arrangement for the child.

In North Carolina, when a child is alleged to be abused, neglected or dependent, the Department of Social Services becomes involved to ensure that the child is protected. There are particular statues that authorize the Department of Social Services to conduct investigations into allegations concerning the well-being of the child and to determine if there is a need for state involvement. Should the investigation lead to a determination that abuse, neglect or dependency has occurred, the Department of Social Services may move forward with removing your child from your home through the Court.

Cases involving abuse, neglect, and dependency need to be handled swiftly, delicately, and ensure a safe transition for all parties involved.

Attorney Michael A. Simmons has been a reliable and diligent support in difficult times for families across Fayetteville for years. Consider Atty. Simmons and receive the defense you need today.

1. Consultation: Call or Email to schedule an initial appointment. Here you will outline your main concerns and goals for your case.
2. Strategize: After careful examination of all options available, your best course of action will be presented.
3. Take Action: Once a strategy has been organized, the battle is ours and we will do everything to deliver a favorable outcome.

Adoption is a legal process that forms a parent child relationship between a person or persons seeking to adopt and the adoptee. In North Carolina, both a child and an adult are eligible for adoption dependent upon the circumstances.

A married couple or an individual may file a petition to adopt in North Carolina. If a married individual files a petition to adopt, that person’s spouse must join the petition unless the petitioner files a motion to waive the requirement for cause and the clerk enters an order to waive the requirement.

Adoption can be a laborious process if not handled correctly, with the right knowledge to ensure a safe transition for all parties involved.

Attorney Michael A. Simmons has been a reliable and diligent support in all manner of cases for families across Fayetteville for years. You can trust our firm to handle these issues with the care and attention that is needed to complete the process and guide you along the way.  

1. Consultation: Call or Email to schedule an initial appointment. Here you will outline your main concerns and goals for your case.
2. Strategize: After careful examination of all options available, your best course of action will be presented.
3. Take Action: Once a strategy has been organized, the battle is ours and we will do everything to deliver a favorable outcome.

There are 2 forms of Custody:

Legal custody:  Pertaining to who has rights to the sharing of the child’s information and decision making.

Physical custody Pertaining to who the child resides with and for how long.

Sole Custody

A parent who has sole legal custody can make major decisions about the child’s life without consulting the other parent. Sole physical custody means that the child lives with one parent only, though the child may visit with the other parent.

Joint Custody

Joint physical custody means that the child’s time is split between the parents. If parents have joint legal custody, then they must consult one another and jointly make major decisions, such as where the child will attend school or whether the child will have a major medical procedure. If the parents cannot agree, a court may have to make the decision. There are many possibilities for joint physical custody.

The “polar star” in custody actions is what is in the best interests of the children. It is important to understand that the Court is looking to make a determination on which parent is able to best facilitate a relationship with the child and the other parent, promote the child’s health and well-being, along with a number of other factors.

If you are in a position where your custody rights are in jeopardy, you need an attorney who can best guide you through what is often a very lengthy process. Cases involving child custody are often a Marathon not a sprint, meaning you need an attorney dedicated to spending the time with you to develop your case and put you in the best possible position. 

1. Consultation: Call or Email to schedule an initial appointment. Here you will outline your main concerns and goals for your case.
2. Strategize: After careful examination of all options available, your best course of action will be presented.
3. Take Action: Once a strategy has been organized, the battle is ours and we will do everything to deliver a favorable outcome.

Child support is money paid by a parent for the purpose of meeting the reasonable needs of the parent’s child. These reasonable needs include but are not limited to health, education, and living expenses.

Child support can be arranged in several ways.

• Parents can agree on an amount for child support in a Separation Agreement.
• Parents may sign a Voluntary Support Agreement (VSA).
• Child support can be arranged through the Child Support Enforcement Agency (CSE).
• The person who wants to receive child support can file a civil complaint in district court.
• The NC Child Support Guidelines sets an amount of the child support to be paid as determined by each family’s financial circumstances.

Cases involving Child Support are a lengthy process for which you need a dedicated lawyer at your side.

Attorney Michael A. Simmons has been a reliable and diligent support in difficult times for families across Fayetteville for years. Consider Atty. Simmons and receive the defense you need today.

1. Consultation: Call or Email to schedule an initial appointment. Here you will outline your main concerns and goals for your case.
2. Strategize: After careful examination of all options available, your best course of action will be presented.
3. Take Action: Once a strategy has been organized, the battle is ours and we will do everything to deliver a favorable outcome.