Multi-state residencies complicating separation


#1

You and the children are considered residents of North Carolina. Under the Uniform Child Custody Jurisdiction Act, the state your children have resided in for the last six months has jurisdiction involving matters of the children.


#2

Dear January,

A contract between you and your spouse is valid no matter what state you are in. Unless there is a court order preventing you from leaving the state there is no reason you cannot leave the state. You are a resident of NC for the purposes of a custody action until you have lived in a state for a period of six months. Jurisdicition over custody depends on the state where you and the children have lived for six months, if the court establishes jurisdiction over the children they will probably take jurisdiction of the property too, but jurisdiction can be proper in the state where the property is located.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#3

I want to leave my husband and move back to my home state of Oregon with my children. I’m a stay-at-home parent and I have no family ties in NC other than we have lived here for 3 years. We have two children (8 and 10). Since June, my husband has been working and living in California and visits us about once every 2 months.

My questions:
Because I need financial support for myself and the children, I feel a separation agreement is needed. Is that agreement valid in other states?

During the separation can I take the children out of state or do I have to get the court’s approval?

Once I move away do I then have to return to NC to file for divorce or can I file in Oregon?

While I’m waiting to establish residency again in OR am I still considered a NC resident or am in a sort of ‘limbo?’

will the state of California have any jurisdiction once husband becomes a legal resident?

Very confused! Thank you for any help you can provide.

J.