Jurisdiction


#1

Dear ladybutterfly:

Greetings. It appears to me that North Carolina should have jurisdiction. You may have to file an action in Ohio also to have them relinquish jurisdiction, as well as have your attorney here in North Carolina ask your judge to call Ohio so that the judges can determine who will have jurisdiction.

The law is that once no one lives in the state that had jurisdiction, the jurisdiction can be changed to the state where the children live.

If it were me, I would ask our judge to speak with the judge in Ohio and have the time line of Wife’s living in and out of Ohio ready for the judge during their telephone call. Best of luck and let us know how it goes.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

Thank you so much for your immediate response to this. Is this law a NC law or a federal one? And, also where can I find this so I can pass it on to our attorney? Is a law that is commonly known? Thanks again and I will keep you updated. We have a court date July 15 in Ohio, but we are hoping and praying that the judges from both states will talk and dismiss the court date in Ohio.


#3

Dear ladybutterfly:

Greetings. Your attorney is surely aware of the Uniform Child Custody Jurisdiction and Enforcement Act which is located in our general statutes at section 50A-101, et. seq.

As far as asking the judges to communicate, I would just speak with your attorneys in Ohio and in North Carolina and see if this is their general practice and if the judges will agree to do this, which they may not. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#4

My husband and his ex-wife were divorced in Ohio 8 years ago. At the time the state of Ohio awarded custody of two children to her. Six years ago, we received a phone call from ex-wife’s mother telling us to come get the kids that their mother had abandoned them. We have lived in North Carolina the entire time. During that time ex has moved to five different states, including a year in North Carolina. There has been little contact from her during the 6 years (no birthdays, Christmas, etc.) She claims that we hid the children from her. Three weeks ago ex showed up and tried to register the original court order here in NC and have it enforced. The judge denied her right to take the kids back. She went back to Ohio and asked the court system to reenforce the order and that they find my husband in contempt because he will not honor the original court order. We were told six years ago, that if the kids lived with us for more than six months in the state of NC they became residents of the state and the previous custody order was not in effect if there at least 6 months of no contact. The attorney (at a military base legal office) told us that the no contact was considered legal abandoment and that we didn’t have to do anything further. When we went to court here three weeks ago, the judge determined that we had not kept the kids from her and that since there had been a hearing in NC regarding child support that NC had jursidiction. He also determined that Ohio may have some jurisidiction as well. He mentioned if needed he would contact a judge in Ohio to discuss further. Now, we have to hire an attorney in Ohio (were my husband has not lived since 1991). Who should have jurisdication? The only thing that we have filed in NC is for child support. It took over two years for NC to track down ex in order to enforce order. Any thoughts or suggesstions would be greatly appreciated.