I have been divorced for three years remarried for 2 - during my divorce my ex-wife was given primary custody of my daughter. She lived with my ex-wife for one year in that year she was failing school, was unkept, late to school, tardy, absent, multiple MD appointments, you name it. My ex is an alcoholic which was part of the reason she is my ex - I moved to SC 2 years ago and she agreed to allow Maleah to come live with me and my current wife. My daughter has lived with us for the last two school years and has been on the A/B honor roll, no absences from school and is thriving she just started high school and is a JV cheerleader! Her mother has become more unstable and I am afraid she can show up and “take” my daughter because “legally” she is primary parent. What are my rights and can I take her to court now since I can prove to the judge my wife and I are the better parents? How do I do this? I still live in SC will I need to go back to NC to file paperwork?
You need to file a motion to modify custody and have the judge issue a new order on custody as neither party is abiding by the terms of the previous order.
If your original order was issued in North Carolina, this state will continue to have jurisdiction over all matters concerning that child, as long as that state maintains a significant connection with the parents and child or until the child and both parents or no longer reside in NC. So as long as your former spouse still lives here, jurisdiction in NC is proper and you will need to file your motion to modify here.
If I pay the 199 can you guys help me with the modification to custody order? I live in SC and have been told by an attorney just what you said that I have to go back to NC to do this? Thanks