I lived in NC with my kids and soon to be ex husband for 7 years. I now have lived in MA for 6 and 1/2 months now with my kids. My ex filed in NC for visitation and joint custody. In MA, your considered a MA resident after you have lived here 6 months. Does MA take jurisdiction?
MA is the proper state for the custody action as it is now the home state of the minor children under the UCCJEA since they now live in MA and have so for six months. You may file a motion to dismiss the ED action in NC as jurisdiction is not proper (Rule 12 b of the North Carolina Rules of Civil Procedure).
Okay thankyou that is what I thought but my ex is saying otherwise because…
The date that I have been living in MA for 6 months is November 6th of this year. He served me Oct 27 of this year. He is stating because I was served before my 6 months of living in MA, NC takes jurisdiction.
Is that correct?
not an attorney
I believe that your stbx is correct in this instance because he filed Prior to you having established residency in the new state.
Could an attorney please advise on this ? Thankyou~
Yes, he filed while NC still had jurisdiction. You can file to relocate this case to MA. This is going to require the consent of a NC judge, or your ex (which would be unlikely).