On her demand, my wife and I separated after living in NC for five and a half months. Upon separation, I moved to a neighboring state we had just moved from and left our children in her care temporarily while she and I worked things out. However, two weeks after separating (after establishing the 6 months she needed to file) she filed for child custody, child support, and equitable distribution in North Carolina. We have now been separated for over 14 months while the above litigation has gone on, but at the same time, there was a possibility of reconciliation, which I worked toward. Shortly after we separated, the court awarded her temporary custody because “she lived in NC 6 months prior to filing” and because at the time, she claimed I abandoned her and the children.
Just recently, she has filed for divorce, making reconciliation HIGHLY unlikely. With this recent knowledge, I’m finally looking to move the jurisdiction for the cases over to the state I live in because 1.) We resided in this state for a vast majority of our marriage, 2.) We own property in question in the matter of equitable distribution and 3.) Our children lived in my state for a vast majority of their lives - from birth until five and a half months before separation. Finally, 4.) It is in state I reside that the local court can witness character references to both mine and my wife’s ability to parent our children, which is something that we don’t have in NC, and because of that, the court in NC is making judgements based on claims alone.
Based on the facts listed above, under what NC statute can I file a contest of jurisdiction?