I am in need of some legal advice about a custody situation I am in with my 16 year old daughter’s bio father. I have custody of her and after six years he is now trying to get her from me. While he and I were married he was verbaly and physically abusive to me and many times this would happen in front of my daughter. He and I divorced in August of 2004 where I moved in with my parents in Virginia. I got remarried in April of 2009, and now my ex husband is trying to have my daughter’s custody moved to him in Ohio. My ex husband has been harassing my family though emails and phone calls to the point of calling my daughter’s school and telling them lies about how my husband and I are raising them.
At the time of our divorce I hired a lawyer that did not listen to me or my wishes. So we ended up with a very bad situation. Making my daughter spend 24 hours in a car one weekend (from Friday night to Sunday afternoon) a month. Since this whole thing with him trying to take my daughter from her well established home and school my husband and I were forced to hire another lawyer which we had to fired do to her not being in contract with us to let us know what is going on with our case twelve hours away.
I have read and heard that the child’s home state take presidents over another state when it comes to custody cases, she has been a resident of North Carolina for five years. What I need to know is if this statement is accurate, And if there is any way to move my custody case to my daughter’s home state? Any help in this matter would be a great benefit to my daughter’s happiness.
North Carolina is the home state of the child. Any current out of state order should be registered here in state. If your ex wishes to try and change custody he will have to file a motion for modification here in NC.