My children live out of state and are involved in a DCS case due to their mother. The lawyer I talked to in that state said I need to file for custody in NC because that is where I live and where I filed for divorce. Am I able to file in NC or do I have to file in the state that they live in?
You can only file for child custody in the state that has jurisdiction.
NC will have jurisdiction over child custody if the minor children have resided in the State of NC for the last 6 months or within the last 6 months and you, as a parent, reside in NC. If the minor children have resided in the other state for the last 6 months, then the other state will have jurisdiction and you will be unable to proceed with child custody in NC.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.