Jurisdiction 2


#1

The Judge can issue an order regarding custody and child support prior to the time that you separate, however if you never actually separate there is no jurisdiction for the court to enforce that order. If some period of time passes before you separate and circumstances change, the court could choose to enter a different order regarding custody of the minor children.

The court can require either parent to keep the other informed of their travel plans with the minor children. If your Husband objects to your travel then the court can make a determination regarding travel.

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

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 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.


#2

Please see my previous post “jurisdiction” in which I asked “Does the judge have jurisdiction.” Helen asked: “Did your attorney advise the judge that you were no longer separated?” The answer is “Yes!” We both testified in the hearing to dismiss the Ex Parte that my spouse had allowed me to return to the marital home and that I was the primary caregiver for the children while we waited for the hearing. My husband also testified that he had “forced” me to tell him that I was leaving him. The day of the hearing, I was living in the marital home and I have no intention to leave the marital home. My husband wants the divorce. I do not (See more at my reply to Helen"s post.

Can the court tell me that I must notifiy my husband of plans to travel with the children outside of the county? Can the court order that if my husband objects to my plans that the judge must rule whether I can travel?