Temporary Custody Order


#1

Hello!

In 2010 I was granted full custody of my son in Raleigh, NC and my ex husband had limited visitation. Since October 2012, I allowed my son to live full time with his father in WI, due to my son’s age (10 yrs. old at the time), and that he really wanted to live with my ex. At that point, I felt he needed his Dad and they could share in common interests (hunting, fishing). I was moving to IL 2 months later and I would live within 2 hours of him. This is the only custody agreement we have. Even though my son has not lived with me since October 2012, and I moved to IL in December 2012. Is the temporary court order still legal or because he lives with his Dad - is it null and void? and what right’s do I have? Nothing in the court order is accurate, but since that is all we have, I would like to know where he and I stand.

I appreciate any response, as this has been on my mind for some time.

Thanks in advance.

Nicole


#2

The order does not become null and void simply because you are not abiding by it. You need to file a motion to modify your custody order since it obviously isn’t workable anymore. Consult our article on modifying custody orders.


#3

Thank you for getting back to me Lindsay Willis. My ex seems to think it is null and void and “thinks” he has control over our son. I just wanted to clarify this with an attorney, so that I can better prepare myself. Since my son lives in Wisconsin, I assume we would have to file a motion there, and not NC.

Nicole


#4

The Uniform Child Custody Jurisdiction and Enforcement Act determines where an action for child custody should be brought. The UCCJEA is found in Chapter 50A of the North Carolina Statutes.

Although North Carolina was the appropriate jurisdiction for the initial order, it appears as though North Carolina has lost continuing exclusive jurisdiction since none of the parties have been present in this state for a long time. You can petition the North Carolina Court, or a Wisconsin Court to acknowledge that NC no longer has continuing exclusive jurisdiction and that Wisconsin has jurisdiction over the matter.