After you and your spouse divorced, you may have decided that North Carolina offers you greater job opportunities or a better quality of life and have taken up residence in the state. Now that you are here, you might wonder whether the state courts will take over your child custody case or not.
According to the North Carolina Judicial Branch website, the question of jurisdiction depends on the location of every individual who is a party to the custody arrangement. Here is a look at when your new home state might be able to oversee your case.
When out-of-state custody orders take precedence
You might have moved to North Carolina but your child still lives in your old home state, or both you and your child have made your residency in the Tar Heel State. However, the other parent has never left your previous state. In this instance, the courts from your old state will still have jurisdiction over your custody case and can issue legal custody orders.
When North Carolina courts take over
Your situation might change if the other parent chooses to leave your previous state. If this becomes the case, you may have a North Carolina judge enforce an existing custody order or alter it. This places courts in the state in charge of your case. However, you will have to register your custody order through a petition available on the North Carolina courts’ website.
Once North Carolina has jurisdiction over your case, you may want a state judge to look at different issues such as collection or modification of your support or parental relocation. Please contact our law firm to learn more about how custody cases work in North Carolina.
