Jurisdiction


#1
  1. Your wife was probably right to file in NC. If the children have lived in NC for at least 6 months, then a court in NC can take jurisdiction of the case. However, the former home state of the children(I assume that was Arkansas) may retain that jurisdiction. If the children have never lived in California, then a CA court is unlikely to accept jurisdiction.

  2. It will be up to the court to decide where visitation will take place, unless you and she agree otherwise.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My ex lives in NC. I live in CA. We were divorced in AR. She has filed for a modification of visitation in NC. I do not believe she can file in NC. I believe she would have to file in CA or AR. AR has retained the visitation up to this point, but not any other item. She has taken me to court in CA for support, but not for visitation. She wants NC to be the state of jurisdiction. I do not agree. I pay my support regularly and abide by the tersm of the decree.

  1. Can she file in NC and will they hear the case. (She attmpted to do the same in NY but they woudl not hear because I would not agree)
  2. If she were to win she has demanded my visitation be held in NC. I do not agree. I ahve the right to choose where the vistiation occurs as long as I give notice of 28 days. Can she decide where my vistiation occurs?

TLN