Modifying a current custody order and jurisdiction

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I have a current custody order that was done in Fl. It gives my ex physical custody of our child. During the divorce I did not fight for custody b/c at the time I was financially unable to take care of our child so my child went to Fl and father got custody. During that same summer my son came to stay with me so that I could exercise my visitation. At the end of the visit (2 days before his return flight to Fl) my ex called and said that he had taken a job that required a lot of traveling and asked if I wanted to keep him with me. Of course I did. He has been here with me ever since with the exception of visiting his dad the Christmas before last and 3 weeks last summer. He is getting ready to complete his 2nd year with me. (also he only lived in Fl for about a year). Now my ex has up and decided that when my son goes back to him for the summer he is not letting him come back here to live. This is despite my sons wishes also. He has stated to us that he doesn’t care what my son wants. He has custody so it doesn’t matter what anyone else says.
Questions are… under the uniform child jurisdiction law can NC take jurisdiction since the son has been here for over 6 months?
Also, due to the situation and the time that he has been here should I have a hard time getting custody given to me?

Thanks so much for any assistance that can be given! Any advise and info given will be very much appreciated!

2

If you are in NC, and your son has been here for more than 6mos then you can file in NC, but NC may ultimately determine that FL still has jurisdiction and FL may not release jurisdiction. You’ll just have to file and try. Good luck.

3

Not an attorney

I would file a motion to modify custody, personally. If you’ve had your child with you for going on 2 years, a court would most likely grant you primary custody since it has been the case and it’s been working, AND your son wants it as well.

You still have some time before summer, so I would go ahead a file in NC (along with a motion to determine that NC now has jurisdiction - be prepared with evidence that he has lived in NC for that time) to give you primary custody.

Good luck!