Can I leave with children and move back to NC


#1

Trying to be brief. Married 11 years. moved from NC where I am from to IN for husbands job. Then to IL. been in temporary housing situation since May 2014. Been in IL for almost 4 weeks. Have 3 minor children. Asked to separate by husband, and also revealed he was unfaithful for last 3-4 years. My family is in NC. I have no ties to IL. I have been a homemaker for over 10 years. Can I leave and move back to NC with my children now and file for emergency order for financial support for us? There has been no order made here, and we dont have jurisdiction anywhere because of our living situation the past 7 months… Advice? Please!


#2

The UCCJEA governs jurisdiction when it comes to issues of child custody. To learn more about the UCCJEA, read our article discussing which state has jurisdiction in custody cases. A state has jurisdiction if the children has been living in that state for the six months prior to you filing for custody, or if the state was the child’s home state within six months of when you file and the a parent continues to live in the state even after the child has been removed. Based on facts you have shared, it sounds like there is no home state. You could petition an NC court to exercise jurisdiction over your custody action and if your ex petitions a court in another jurisdiction the courts will make a determination as to where jurisdiction is proper.