Registered Custody Order


#1

Does a registered foreign custody judgment turn into a judgment of the state of NC? And if so, does modifying it there after only require a “motion in the cause” with service by regular first class mail, or do a summons and petition need to be issued? And is there ever a time when subsequent modifications of custody orders require Rule 4 service?

Last question, is Rule 62(a) applicable to automatically suspending the enforcment of a change in custody, and if so and a notice of appeal is timely filed, does it also suspend enforcment of the custody change pending appeal automatically?

Thank You for your time in answering these questions.


#2

Only one state can assume jurisdiction of custody issues at any one time. If you have all left the state where the order was issued, and the children now primarily reside in NC, NC is the proper state to assume jurisdiction at this time. In NC the basis to modify the order is a substantial change in circumstances. You must prove that the circumstances that existed when the other state entered the order have changed and that a change in custody is warranted.

I do think that merely registering a judgement does not change jurisdiction to NC in and of itself and any motion for modification would have to be filed in the home state, whatever that is. Also, everything besides the Complaint can just be served through regular mail service. Regarding the stay for custody issue, I am not sure, but I don’t see why not.