Jurisdiction


#1

For SC to be able to have any jurisdiction, the child would need to be there at least six months.

However, under the UCCJEA, if the stepmom continues to live in NC, NC will have continuing, exclusive jurisdiction, at the option of the NC court(s).


#2

Can you tell me how that can be? How can you motion to modify visitation and have drs, counselors, teachers, etc testify if its in another state?

What if I register the NC order here in SC? After 6 months then does SC have jurisdiction?


#3

If, at some point, the NC courts determine that it is no longer a convenient forum, they can choose to surrender jurisdiction to a different state.

But, as long as one party lives in NC (and this is also the case for child support orders), then NC can choose to keep jurisdiction.


#4

Is it possible then to get it changed to a different county? I can’t even get an attorney there…they have used them all at 1 time or another.

My ex father in law owns a gas station by the court house and even knows all of the judges. Its a very small town and he’s owned it for over 30 years.

I still can’t believe that this is going on…it is the craziest thing that has ever happened. No other county or state would have allowed this to happen. They denied my petition to regain custody of my son when his dad died (we had joint custody) and then same day sm sues me for custody.


#5

I’m hoping to get an attorney’s response to getting jurisdiction changed-bump


#6

Bump


#7

Still waiting for an attorney to respond about jurisdiction and if its possible to get it changed to where my son lives and goes to school at.


#8

Still waiting for a response about jurisdiction…


#9

Jurisdiction is determined based on the location of the child. Jurisdiction is generally proper where the minor child has lived for the last six months. However, North Carolina would have to relinquish jurisdiction. Once your son has lived in SC for six months you can file a motion to change jurisdiction.

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.


#10

When does jurisdiction change? My son moved to SC with me in August. I am his only biological parent. The stepmom keeps taking me in to court in NC and has gotten visitation.

Will jurisdiction ever be in SC where my son lives?