Jurisdiction


#1

Hi. My husband has primary (temporary) custody over his two children. His ex-wife is planning to move out of state and wants to move the case to Kansas. Is this even possible? The minor children have lived in North Carolina for over six years and my husband’s family lives here as well. They have no one in Kansas. Am I reading the UCCJA right, stating that since we have a temporary order and the children live here, due to continuing jurisdiction the case would stay in NC?


#2

North Carolina has exclusive jurisdiction over the custody case, and the same will not be moved to Kansas. North Carolina is the home state of the children and will have continuing and exclusive jurisdiction unless and until all parties leave the state.