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
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.