Separation and Custody

North Carolina Divorce Law Divorce and Separation Answers
1

Need advice

My family and I moved to NC from CA almost a year ago. Now my wife recently left our home about 7 weeks ago to move back to CA where she plans to establish residency. She took our two children with her. Her intentions are to file for divorce and end our marraige. I do not agree with the divorce. We are separated at this point but no leagal papers have been filed. I have two questions:

  1. What state will have jurisdiction when she does file?
  2. What if anything can i do now to try to obtain primary custody of my children? (I don’t want them to have established recidency in CA before i take action)

Thanks

2

North Carolina is the proper forum, and you may file an action for custody of the children here, she can be forced to return.