Divorce jurisdiction/child custody


#1

Dear williamsmnt:

Greetings. No, I am sorry, but I don’t think that you will be able to get emergency custody. However, I do think that you can obtain joint custody with significant time and later move into full custody. You may have some issues with not being on the birth certificate, but since you were married at the time of birth, it should be no problem as you are the presumed father. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#2

By the way, regardless of what you think, if I were you I would still ask for a paternity test when you file the action. Not only do you want to be sure it is your child, but the test may give the appearance that she is unreliable (among other things). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

I also need to know if the jurisdiction lies in NC or TX, thanks.


#4

Dear williamsmnt:

Greetings. The child needs to remain in one jurisdiction for six months for jurisdiction to set in. However, if there is an emergency, you can file in the jurisdiction where the child has ties. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#5

The marriage occured in my home state of Texas, however: i am in the USMC and my wife and i moved to NC where i am stationed. She stayed in NC for approximately one month. During this time she discovered she was pregnant. She moved back to Texas and moved in with a prior boyfriend, leading him to believe she was pregnant with his child. After the child is born the prior boyfriend decides the baby is not his and leaves her. She then begins calling me and we reunite. She moved back to NC for four months where she picks up permanent residency with me. Once again, she leaves. One my last leave from service I went to see my baby and she refused to allow me to see her. I was suppose to be deployed and i explained to my wife that I really wanted to see her. She still refused. Prior to my leave I discovered that she had been reported to CHILD PROTECTIVE SERVICES!!!
Her older child, from a previous relationship, had been preforming sexual acts on a doll. This is only one of the reports made.
When our child was born she also refused to put me on the birth certificate as the father.
I am no longer being deployed and I want to know if I can get emergency custody of my child. I fear for her well being in this current situation. Please help A.S.A.P