Interstate Custody Questions

This may not be completely accurate so hopefully the attorney will answer also but…

  1. The agreement is still valid no matter what state you live in. It’s an agreement not a court order and would be valid in all states. The agreement can be modified by you and the father to allow for a different visitation schedule since you are no longer living in the same state. Custody makes no difference whether or not you were married.

  2. I believe that Child custody would need to be filed for in the state that the child resides in. This will make the need to modify the agreement unecessary since essentially you would end up going to court for primary custody and having a court order.

  3. You could file for child support in NC through DSS and they would use the worksheet that goes by state guidelines as the calculator does. BUT DSS would need to use the correct worksheet and since you do not have court ordered child custody only by agreement the agreement would be used. If the agreement states that you share custody then that would be the worksheet that would be used. Also, since the agreement that you signed states that he does not have to pay child support may factor in. The fact that he does pay child support regardless of the agreement may be a plus for his side if this would go to court.

I would like to add that the day care expenses and any insurance the father pays will be included in the calculations for his benefit.

My question to you is that if you have been receiving the $250 a month plus 1/2 the day care and medical exxpenses and that has been sufficient, why would you now need $700 a month? Has the child’s need changed that much since your move?
You have to keep in mind that not only are you taking away potential visitations with the father by moving you are also asking that he pay a lot more. For most parents they would see this as them having to pay more for less time with their child.
I understand that if the guidelines state that according to both salaries, day care, insurance and # of overnights that this may be the amount he should pay, but this will have to go to court and there will be legal expenses. It just seems as though it would be better and easier to talk with the father about updating the agreement for a little more money and the visitation schedule since you have moved before dragging this to court…but that’s just my opinion.

Assuming the agreement was a valid contract it remains a contract between you even if you have moved. However, even if you have a custody contract you can address custody and child support in court. THe proper state for jurisdiction is the one where your son has lived for the last six months.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

The father of my son and I were never married, but we had a formal custody agreement. I moved from Fl to Nc in Aug '07. Prior to moving I provided more notice than was required by our agreement. Our agreement has never been updated and the current visitation situation is strained. Also, the father is paying $250 but per the child support calculator he should be paying at least an additional $450. The previous arrangement stated he did not have to pay child support but only out of pocket medical expenses and half of day care. I have several questions.

  1. Is the old agreement still valid since I no longer live in the state, and provided no guidelines for agreement if I moved out.

  2. Which state has jurisdiction in the case?

  3. How do I seek child support now?

  4. What is a typical interstate custody agreement?