I am still new to NC, I haven’t been here for 6 months yet. My husband lives in Florida and won’t file anything because he will be paying child support. I am looking at moving back to Florida in January and wanted to know if I should start this process here so I can at least have some sort of child support set in place or should I wait until I am in Florida and file a divorce after 6 months of living there. I appreciate your time and help.
You will be unable to file for custody or child support in NC unless you have been a resident of the State of NC for at least 6 months and the children have resided in NC for at least 6 months. Even when you do file, it will take several months for a court order to be put into place, and you may be back in Florida at that time.
If Florida is the children’s home state (where they have lived the last 6 months), you may be able to file in Florida.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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