About NC jurisdiction--how long does that last?


#1

Suppose for some reason, I lose this hearing. It’s a reality I have to accept, that I may lose this. Since he has left the state, will NC still retain jurisdiction after that, or would it be moved to the state in which he now resides?

And on that note . . . since HE left the state and HE made the decision to take my children, and HE has a sizable income, shouldn’t the costs of travel to see my child be his responsibility? I felt that this was grossly unfair at the temp hearing. Is there anything I can do about this? Request in writing? Some motion or something? HE makes well over $100K (which I found via his email), pays no rent (lives in property owned by his family), says that he has to spend almost a thousand a month on entertainment alone, and I have been pretty much left destitute after being a stay at home mother to his children. I’m currently not employed (I’m at this computer all day, sending out resumes, looking through ads, signing up for all kinds of stuff), but he gets paid just to be a member of his family. Why am I having to a pay to see a child HE chose to remove from her home state?

And how long would NC retain jurisdiction, in the future, if either of us wants to change anything?


#2

NC can retain jurisdiction for so long as you live in the state, but upon motion of the other side NC may release jurisdiction upon a finding that the other state is a more proper forum based on the information relating to the children begin located there.

You may request that he pay for travel as part of child support at the hearing.


#3

Child support, though, is a completely different hearing from the custody hearing, isn’t it?

The judge at the temp hearing had him flying her to me every other month, and me getting there at my own expense the alternating months. Believe me, this is a huge financial hardship for me. It’s bad, the finances. Can I ask at that hearing? Or will I more than likely be told to file a support hearing?


#4

Oh yeah, one more question about jurisdiction. Can I appeal the moving of jurisdiction if he wins and they make a motion to move jurisdiction? The traveling expenses are just not feasible for me, and the youngest was born here, the other attended all of his schooling here, except for when he went out of state last year.


#5

You can respond with an objection and present your case before the judge at the hearing.


#6

Do you mean that as answer in regard to the traveling expenses at this perm hearing, or do you mean if they make a motion to move this jurisdiction out of state after this (if he gets custody)?

Thanks. DIdn’t realize I had asked two questions in one.


#7

You should request as part of your closing argument that he be responsible for travel and costs if he is awarded primary custody.