When the bill talks about actions instituted after October 2007, it means actions that began after that date, so the pending action would not qualify. However, the court may take the new law into account when making their ruling. Best of luck.
Helena M. Nevicosi
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
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.
This is a bill that goes into effect 1 October 2007 in North Carolina… Essentially, it says that military deployments that cause a service member to leave the child they have custody of with the non-primary-custodial parent can NOT have their custody taken away because of the change in residence or claiming de facto or the status quo. WOOOOOOWWWEEEEE!!! This is the basis for my husband’s custody case with his ex. He (Primary Custodian) was given orders out of the country for a year and had to leave his daughter with the non-PC wife. Since his return, she filed for custody claiming change in circumstances since the daughter had been with her for over a year. This upends her entire case!!! I am SO THRILLED.
Janet, my question for you: The bill states it goes into effect 1 October 2007 and “applies to custody or visitation actions instituted on or after that date.” My husband does not return from Iraq until at least the 2nd week of October. His wife brought the action in late February, but because it won’t actually have a trial and action until his return in October, do we fall into the category of “actions instituted on or after the date…”??? Or will he be excluded because the case began before that 1 October date? Second, what about the legislation being grandfathered to pending actions?