Managing Partner, Michael Romano has experience with all aspects of multi-state child custody litigation under the UCCJEA. His cases have gone to trial court, the Court of Appeals and even litigated international child custody disputes under The Hague Treaty. He and his legal team are here to help you with this complicated matter.
Multi-State Disputes
Divorces, Seperation, Child Custody, Support and Alimony Can Get Tricky Across State Lines
North Carolina
Did you or your ex move to another state with your children?
You can file for divorce in a state other than the state in which you are married, as long as you meet residency requirements. If you do not meet the residency requirements for the state in which you are attempting to file for divorce, your divorce complaint can be rejected.
UCCJEA
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA codified in Chapter 50A of the North Carolina General Statues) controls the issue of child custody jurisdiction. Under the UCCJEA, a state which has jurisdiction (often the “home state” of the child defined as the state where the child has lived for the past six months) at the time of the entry of a court order on child custody retains exclusive continuing jurisdiction for so long as one parent or a child continues to reside in the state. Once everyone leaves the state, North Carolina loses jurisdiction. However, even when North Carolina has continuing exclusive jurisdiction, the state might be an inconvenient forum.
EXPERIENCED LEADERSHIP
strong LEGAL DEFENSE TEAM
NORTH CAROLINA ARTICLE 18
INCONVENIENT FORUM
A parent can make a motion to ask a North Carolina Court to declare this state an inconvenient forum. When that is done, the judge considers eight factors:
(1)
Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2)
The length of time the child has resided outside this State;
(3)
The distance between the court in this State and the court in the state that would assume jurisdiction;
(4)
The relative financial circumstances of the parties;
(5)
Any agreement of the parties as to which state should assume jurisdiction;
(6)
The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7)
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8)
The familiarity of the court of each state with the facts and issues in the pending litigation.
Our experienced legal team builds a strong legal strategy with a continued focus on bringing our clients to a better place. We understand the needs of families when it comes to difficult times.
Our Family Law Specialists
Learn more about our attorneys and how we can help with your case.
Attorney Clint Davis with the Plumides Law Firm has been a joy to work with throughout our ordeal of trying to get to the bottom of a pending charge from 2017. He has kept us updated during much research regarding this matter and we finally have our answers. Thank you…
- Huskins K.
In one-hour consultation to review my overall case and my Separation Agreement drafted by another attorney, Greg Plumides found three major flaws against me. I learned more in hour with Greg than three months with the other attorney and thousands of dollars wasted. Well, I immediately hired Greg instead -…
- Delacruz J.
Michael and David are the best of the best. They changed the course and outcome of my case after switching from a different attorney. Judges and other attorneys know this team throughout Charlotte and their reputation is well earned. They never missed a detail, always looked out for my best…
- Justin M.
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