Child Custody


I divorced my wife on 04/17/2009. To go back a few she committed adultery while stationed in California for a year (2007-2008). She came back to NC for a month and then had a change of duty station to Virginia (2008-present). She left for deployment in August of 2008. On 03/27/2009 she returned from an overseas deployment (US Navy) and I, wanting to show good faith, dropped our children (9 and 5) off with her so she could see them while on leave. I then moved to Virginia. She already had prior knowledge that I was moving to Virginia. Today the local police department and my exwife showed up in Virgninia where I am staying with a temporary custody order that was created on 04/14/2009 and issued by the judge on 04/16/2009. My children were terrified and did not want to return to NC. My 9 year old was getting ready to start school in VA this coming monday. Her attorney cited NCGS 50-13.5(d)(3) as a reasoning for temporary custody. As for the ex-wife, all of her taxes, vehicle info, license and voting is out of Michigan. How can she file a civil action in NC if she is not a resident? The only ties she has to NC is we are joint owners in a house that she has not actively lived in since March of 2007. Any information would be greatly appreciated.


She filed because NC is still considered residence state for the children. You haven’t been in VA long enough for VA to have jurisdiction.


The order must be a temporary “emergency custody order” as you would have to have been served notice of any other type of hearing.
Regardless of the jurisdictional issues that may arise later, you likely have a return hearing coming up, and should meet with a North Carolina attorney as soon as possible to create a plan of action.