Child's Home State Question

North Carolina Divorce Law Divorce and Separation Answers
1

If the two of you can reach an agreement you can execute a new court order which will set out the schedule. If you cannot reach an agreement you will need to have jurisdiction over this case transferred to North Carolina and then file a motion to modify custody. Jurisdiction is appropriate in NC because the children have been here for six months, but FL has to decline jurisdiction before NC will proceed.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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2

I moved to NC from FL in August '07. I had an existing custody agreement with my child’s father which was court ordered in the state of Fl. The agreement stated that if I were to move I needed to give my child’s father 30 days notice. I provided him 90 days notice and he did not ask to amend the agreement or seek to make me stay. I am now married and my child lives with my husband and me. He attends school here, and he sees still sees his father (who still lices in FL). But that is predominantly on holidays and school breaks, and my child spends the greatest majority of his time here. The problem is the existing agreement states my child’s father and I would split up custody 50/50. Now that we live in different states this is not possible. So my question is, what steps do should be taken to put into a place a new agreement, and if my child’s father and I have difficulties coming to an agreement, can I seek custody in the NC Courts (ie is this now his home state?)