Case dismissed or not?


Dear hawkman:

Greetings. Move forward getting child custody and child support heard under the original case here in North Carolina and file a Motion to Stay the other order. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


In 2001 my ex-wife and I both retained attorneys in N.C. for a custody hearing. My ex requested the hearing be rescheduled. Meanwhile, she went to Maryland and filed for custody. The N.C. hearing was never rescheduled. Months later, I discovered that Maryland granted her custody. I tried to appeal their decision based on the following grounds: 1.)The children were not residents of Maryland (they lived in N.C. for at least 9 months and were enrolled in school in N.C.) 2.) I was not given proper notification of the hearing (my ex gave the Maryland court a non-exhistent address for me) 3.) My ex did not notify the Maryland court there was pending proceedings in N.C. and she was being represented by an attorney in N.C. 4.) The court did not verify my income and/or employment to determine child support ( they accepted her claim I was active duty military AND worked 2 other 40/hr. week jobs.) 5.) The form required under the Uniform Child Custody Juristiction Act was not submitted to the court. 6.) In my ex’s testimony to the court she asked her child support checks be mailed to her in N.C. but the Judge did not question her to determine why she was in a Maryland Court.
My appeal was originally dismissed, but Maryland has now dismissed the case for “lack of Jurisdiction”. Before that, the order was registered in N.C. so that they could reduce the child support I was paying.
Since Maryland dismissed the order that N.C. later registered and is now enforcing, wouldn’t N.C. also have to dismiss the order? If not, why, and how would one correct this if they can’t afford an attorney. (I pay 60% of my income to child support.)
Thank You.