Good afternoon,
We have filed an action to get custody of my son in Charlotte, NC. His biological mother lives in Michigan.
I have already been to mediation orientation but since she did not show the Court said that they need to send her another orientation notification. We are waiting for mediation to be scheduled by the court. The mother didn’t respond to the summons and complaint.
We are thinking about moving to Columbia, SC in the next month. Will we be required to file a new custody action in SC?
Can we continue the same action in NC even if we move to SC?
I know there is a 6-month in-state requirement but don’t know if anything changes or resets if we move across the border to SC.
Should we consider waiting until after trial to move? If so, how long is the wait with the current phase of litigation we are at (waiting for mitigation when defendant has not responded).
Thank you in advance for your help.
You can move at any time as a court will never tell you where you can or cannot live.
If you were to move to SC now, NC would still have jurisdiction because the child’s home state is NC (assuming your son has resided in NC for the past 6 months). However, once you have lived in SC for 6 months, SC would likely be your son’s home state and NC would lose jurisdiction. You may have to refile and start over in SC.
It would be best to wait until after the end of the current litigation to move. You can bring up your evidence as to why you are moving to SC and why this would be in the child’s best interest rather than moving mid-litigation. Then you can be sure that moving to SC with your son is allowed by the court assuming you have a court order taking this into consideration. However, it could easily be another 6-12 months before your case is finished in court unless the mother attends the mediation session and an agreement is reached.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have a pending custody case in NC. My son’s mother and his grandparents live in TX. I would like to send him to his Grandparents in TX for the summer but fear that his mother will find out he is with his Grandparents and call the police and say that they are keeping her kid from her thus opening a huge issue.
Is there any document I can file with the Court in order to keep this from happening? Can I file a motion for temporary custody so that he would be able to go to his grandparents for the summer to where his mother cannot try to take him from them?
Yes, you can schedule a court date for temporary custody assuming you have made that claim in your complaint. If not, you can file a motion in the cause for temporary child custody and schedule a court date at that time.
The only way to ensure that your son is returned to you on time is to have a court order in place.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.