Who has custody of a minor child?


#1

I believe that the order you have is still in effect until she becomes a resident in NC. At that time, I believe that the order would have to be filed in NC in the county where she resides.

NC is joint legal custody as default. I don’t know whether or not there is a distinction if the parents were never married. I do not know what the law is in Ohio. Residential custody is physical custody meaning that the child(ren) live primarily with one parent. If you share legal custody then you would both have an equal say in education, medical, religious and any other major decisions for the children regardless of who they live with primarily. Physical custody and legal custody are two separate things. If your order from Ohio does not state legal custody then I suggest consulting an attorney there and see what your options are. If nothing is resolved by Nov., and if the order is filed in NC, then you may need to contact an attorney in the county that they are residing in…
I may be wrong so hopefully an attorney will respond.


#2

thank you for the reply (stepmother) so after she is in NC for 6 months I will have to file in NC? We are still going back in forth in court. She is in contempt of the visitation order.

Do we need to file for joint custody in NC while we have a a open case here in Ohio??

Any help would be great. I am trying to understand NC law.


#3
  1. A North Carolina court will honor your Ohio visitation order. Your visitation order if valid is all 50 states. If she is not following the order then you will need to register your order in North Carolina and ask the courts to enforce it.

  2. I cannot tell you if the Order was sufficient without reviewing it.

  3. Yes.

  4. No you will not have to start all over, North Carolina will honor the order from Ohio. However, she may move to modify the order.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#4

Thank you Helen for your response.

I still need to know according to NC law who has custody of children when the parents were never married.


#5

Both parents have the right to custody of the minor child until the court puts an order in place or you reach an agreement on a specific schedule. Until then each parent has the right to have the child with them 100% of the time. However, each parent should act in the best interest of the child when setting a schedule.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#6

Hello-

I live in Ohio and my kids mother moved to NC. I have a current visitation order in Ohio that the mother isn’t following. I haven’t seen my kids in 6 months.

My questions are

  1. Who has custody of children in NC when the parents were never married?

  2. I tried to file the petition of a foreign registration in New Hanover County and they said that I need to have a paper of who has legal custody. Is this true? The mother had residential custody of my kids when they lived in Ohio, but she moved to NC

  3. She will have been in NC for 6 months in Nov 07. Does that establish her as a resident of NC?

  4. Will that mean that I have to start all over in NC to get my visitation, or will NC uphold my order that is already in place in Ohio?

Any help would be great. The laws are different in Ohio than NC