Changing jurisdiction of a Custody case from NY to NC


#1

In 2009, family court in NY allowed me and my son (DOB 3/31/08) to relocate to NC. Under the custody order I am to bring my son to NY for visitation 5 three day weekends per year that I am to pay for and he is also to get him for 1 week in the summer that his dad is to pay for. (we were never married)
He was also ordered to pay child support and 1/2 of our son’s medical bills.
The judge in NY also put a note on the order that she is to retain jurisdiction.

My son and I have now been here over 3 years. He has just been accepted into a great private Kindergarten that he will be starting in July. He has been in a private pre-school for over 2 yrs.

I have not gotten a penny in support in over 2 years.
He has never sent any gifts or even cards for birthdays or Christmas.
He does not take him for that week in the summer because he does not want to pay for it.
He is now threatening to take me back to court because he thinks he can make us move back to NY.

What I want is to not have to pay for these visits anymore. I would like to file a motion here in NC so that he will have to come down here for court and I would like to offer him to not have to pay support in order for me to be free of this financial burden.
I am not saying he cannot see him but he will need to make the effort. He has not helped out in any way. He does not care that uprooting him would be devestating to our child.

Is this possible to do?
Please let me know if you require any more info and thank you so much for your help.


#2

It may be possible to change jurisdiction, but you need to speak with an attorney in NY for assistance with that since NY currently has jurisdiction, the court has to relinquish it before NC could step in.


#3

thank you for your reply.
I do have an additional question though.

We had 2 seperate caes and judges, one for the custody and one for the support. The custondy judge was the one who retained jurisdiction.
If I was going to bring him back to court for not paying the child support part of it, would I be able to do that down here? Or would that have to be in NY as well? Does that even require me going back to court?
thanks again


#4

You need to speak with an attorney in NY. I am not licensed to practice in NY, and I cannot answer questions about procedure outside of North Carolina.