Jurisdiction


#1

If you lived on base the entire time he was stationed in North Carolina then you can consider LA your home state. In North Carolina an action for child support or child custody is not proper until the child has been born, the law may be different in LA. Because the action cannot begin until the child is born, that is probably the reason why nothing was filed here.

If the child is born in LA then that is the state that will have jurisdiction over child custody and child support.

It is too early to file for divorce in NC, you must be separated for a year and a day and that is why it was not mentioned in the complaint.

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

Thank you so much for your advice. The laws are different regarding custody and support down here, you can file before they are born, but Judge’s are a little funny if it’s much before. Since our child will be born in less than a month via scheduled c-section, that makes things a little easier for their scheduling. Thank you so much for your quick reply.

Katherine Miller


#3

You’re welcome.

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.


#4

My question is one of jurisdiction. I married a man in the military on 9/11/2006. We separated on October 28, 2007. After he returned from SERE (training), he began behaving in a very paranoid, violent manner. I am currently pregnant with his child and will deliver via c-section on Feb. 1. We lived on-post; however, his threats to make me leave the home close to the surgery date necessitated a move back to my original home in Louisiana. We (myself and children from a previous marriage) are currently domiciled in Jefferson Davis Parish in La. A complaint was filed by my spouse in Cumberland County asking for an inequitable distribution of the marital property; however, no mention was made regarding child support, custody, visitation or divorce.
I have filed a Rule for support, custody and visitation here in Louisiana. Since the child will be be born and domiciled here and will have only lived in Louisiana, does La. have subject matter jurisdiction? I’ve been advised that since his filing does not address the issues surrounding the child, that I can file a civil suit here since this is considered a separate issue. Does anyone know this to be the case? I am not familiar with jurisdictional laws between states.

Katherine Miller