I believe that you are able to file in the state you are currently a resident in. If your stbx’s divorce filing were legitimate there may be an issue, but since the year and day is not over he legally can not file. The child is born of your marriage regardless of which state she was born in. You will need to file for child support and custody for your daughter.
If you go to the North Carolina General Assembly web site and type into the statutes look up 50-6 you will find the following that you could give to your attorney: