My ex and I have a parenting agreement that is a court order saying our children will primarily reside with her. Our son moved in with me 5 years ago an has never seen his mother again and has lived with me full time. The question is if there is a court order stating she has primary custody but he lives with me can I file for support or does custody have to be changed first? We DO NOT have a court order for support it is simply in the separation agreement and does not address our present situation. Let me add she has moved out of NC
The Order remains enforceable between you even if she has moved. However, you can still file for child custody and support now. You should definitely do so, especially since she has not seen the child in five years and has basically abandoned him. The proper state for jurisdiction is the one where your child has lived for the last six months. Child support is set in the state where the obligor lives.