Can we be ordered back to NC?


#1

I am glad you asked that because that is something I would also like to know.

No one wins in divorce only the Lawyers do!


#2

The new judge will make a decision based on what is in the best interests of the child. If the evidence you present shows that it would be best for you and your child to remain in another state, then that can certainly be what the court orders. It is difficult to tell you what a judge will or won’t do. However, any evidence of abuse and physical harm toward your child can certainly go a long way in convincing a judge that it would be best if you remained outside the state. But, a court can order the child (not you) back to NC.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

You may want to get your new state to ask for jurisdiction…you may have to fight but as long as you have evidence of abuse and etc than you should be able to get NC to give the state you live in jurisdiction. You may have to fight NC to get them to give it up to the state you live in now but it’s worth the fight!

I got NC to give up jurisdiction to Fla in court on Monday!
It took 5 months but I finally got them to give it up.

No one wins in divorce only the Lawyers do!


#4

I am going through a difficult divorce (to many details to list) and have lost my attorney recently. I have a protective order against my husband for myself and my children. The judge told me to leave the state of NC for our own protection and we did back in August. My husband has now filed for custody and for the children to be returned to NC. He has gotten a different judge then the one that told us to leave the state. My question is what are the chances that this new judge will order us back? The children are thriving here, my sons grades have gone from almost failing to straight A’s and his mental, emotional and physical health have improved since we came here and he is no longer being abused. Both children state they want to continue living here and are afraid of returning to NC.

alone and afraid