Residence Question - Child Custody


#1

I would say you both are now residents of Texas. In most states residence is determined by where the minor child has lived for the past 6 months. Look up the Uniform Child Custody Jurisdiction Act on the internet. This is supposed to be the standard regulations all 50 states adhere to regarding these issues. I think it addresses “residence” and “jurisdiction” for all 50 states.


#2

Thank you, Hawkman[:)]


#3

You need to deal with the case in NC. You can file a motion requesting that the NC judge relinquish jurisdiction and allow the case to be heard in TX. NC retains jurisdiction until the judge gives it up.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#4

Thank you for your reply.

What is the process I need to follow to get this done? Does an attorney need to be hired in NC and if so, do I have to plan a trip to NC to get this done?

Again… Thank you.


#5

Unfortunately you have to retain a North Carolina attorney. Make sure you get IN WRITING what you expect him to do and what he agrees to do for you. You may find out that by living in another state, your case may not be handled or get the same attention that you would if you lived in N.C. You can request that the case be dismissed in N.C., based on the fact that North Carolina no longer has jurisdiction over the case under the Uniform Child Custody Jurisdiction Act. Since N.C. originally handled the case, they have jurisdiction until they relenquish it.You can technically, do this yourself, but if you can get an attorney, you’d be better off. Don’t take this the wrong way, but since you’re a woman, and you already have custody, you probably don’t have much to worry about. 85% of all women who file for custody in the U.S., get it.


#6

I would suggest that you hire an attorney in NC and in your home state. The attorney in your state will prepare a custody law suit and the NC attorney will file a motion asking the court to relinquish jurisdiction.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#7

Thank you both very much.

It’s been 6 years since my divorce and this man still will not leave me alone. From sexual harassment to kidnapping. I actually feel safer than I ever have been now that I’m living 1300 miles from him. If only he would have a relationship with his son instead of using him to get to me, life would be so much sweeter. It seems I’ve put up residence at lawyer’s offices for the past 6 years as many times as I’ve had to go through “issues” with him. And to think he is a very wealthy man and doesn’t pay a dime in child support.

Oops… I’m Sorry… I guess I just needed to vent and let off some steam.

Thank you both for the information.


#8

Dear TXMomNC:

Good luck - let us know how it turns out for you and where you are in the process!

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.


#9

Thanks Janet…

Update:

Well apparently things didn’t go well for him in his court hearing back in NC. Since Sunday, he has been stalking me… I feel in another attempt to kidnap his son from me or to take both of us…(we have been divorced for 6 years and he still claims I am his wife.) He hasn’t had much of a relationship with his son for the past 7 years… now he is 14 years old and he wants to take him legally or not. I looked out my living room window Monday morning and to my surprise and shock, there was my ex looking in my window here in TX. He scares me. Law enforcement was looking for him last night. It appears he and a friend of his have been camping out behind my house watching me since Sunday. My current husband has had to leave work early Monday and Tuesday because of this. So my ex is disrupting all of our lives here. I also have to home school my son because of fear of my ex kidnapping him from school… this is disrupting his schooling as well.

I have sole custody… he has visitation… my son does not want to see him because of crazy things like this he does and he knows if he ends up with his dad, he will never see me again… so he is in fear of visiting with his father and begs me constantly to let him “divorce” his father. I was hoping things could work out they could have a relationship but it is very strained between them. Now… what do I do? Should I file charges on him for stalking? I am at a lost… as I’ve got to save up more money now before hiring another attorney.

Another issue… He is wealthy as I previously stated but was only ordered to pay $50. weekly on child support. He makes around 300,000.00 a year. I am now without a job (because of him /long story)… I know a modification can be done and I can get the back child support he owes… he hasn’t paid since February of this year (2006)and swears he isn’t going to pay me a dime and no one can make him… Can a modification be done through the state?

Thank you so much for your replies.


#10

Dear TXmomNC:

Greetings. I would immediately file a claim for child support. Also, I would immediately file a Domestic Violence Restraining Order and notify the local law enforcement about your situation. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.


#11

I’ve been divorced from the father of my children for 6 years. I was granted sole custody and the liberty to live anywhere of my choosing. I feel a father should have the rights to see his children as well as the children, their father. However… due to circumstances against my will (job), I left the state of NC/SC in 05 and moved to Texas. My ex was told of this move before hand. I requested a modification so my ex could see his son (our two other boys are grown now). He would have no part of this and has decided to take me to court for sole custody and child support. When my son (14 years old) would call his father, he would not talk with him except to degrade him as a person and has come to the point of hanging up on our son at the start of the call. Therefore, my son refuses to call him now. My ex has our phone number but he will not call my son either. On the last plane trip down to visit his father for 7 weeks during the summer 05, my ex held him against his will when I arrived at his home in NC to pick him up. The law was called in order for my son to be free to come back home with me (in Texas).

Now… my ex has a court date to try to take custody from me. I have a ton of questions as I just do not understand the laws on these matters. However… I will ask only a few at this time. Although our divorce and child custody was awarded in the state of NC 6 years ago, my son and I have been living in Texas for the past 19 months. Does this make US (both my son and I) a legal residence of Texas now? AND IF SO… does this mean I still have to go to NC to fight him in court or can this be handle here in Texas where we live? I need to know if I need to hire a lawyer in NC or TX?? Or, can I or should I write the judge a letter defending my son and I?

Please reply in simple terms so this non-legal minded lady can grasp it… LOL. All replies are appreciated.

Thank You