Custody change; out-of-state Decree

North Carolina Divorce Law Divorce and Separation Answers
1

Dear John:

  1. You have an existing court order. Arizona will no longer have jurisdiction. If you are all being “friendly” at this time and agree that your daughter should be with you in Idaho, I would recommend that you have your daughter move to Idaho and file a friendly lawsuit for custody in Idaho after six months, have your wife sign a consent for the school that your daughter is moving to Idaho. Arizona will relinquish jurisdiction based on the fact that neither you, your daughter, nor your wife live there.

  2. Do what’s stated above, then file a lawsuit in Idaho for child custody and child support, since that will be the most appropriate state.

All of this is based on the assumption that no orders have previously been entered in North Carolina.

Hope this helps!

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

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</font id=“Lucida Console”></font id=“size6”></font id=“black”>I am seeking advice on two issues:
1). My former wife and I were divorced in Arizona two years ago. At that time, we agreed for my Ex to have sole custody of our 12 year old daughter (spelled-out in the Az. Divorce Decree). They moved to N. Carolina, and I eventually re-located to Idaho. Now the circumstances have changed. My daughter, my Ex, and I all agree that my daughter should now move to Idaho and live with me. In order to get my daughter enrolled in school in Idaho, I need to have custody. What do I do? Amend the existing Decree? If so, in which state? (Does the state where the Decree was filed have jurisdiction, even though all parties have established residency in other states)?

2). In addition to the primary change discussed above, I would also like to make various other changes to the Az. Decree – such as child support and spousal maintenance amounts, visitation, etc. (these are reasonable changes, dictated by the changing circumstances, and will most likely NOT be contested by my Ex). Once again … In which state do I attempt to make the changes?
Thank you, in advance, for your time and advice [:)]