Charlotte Multi State Dispute Lawyer

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA codified in Chapter 50A of the North Carolina General Statutes) 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.

With 22% of children in the United States living with their mothers only, while 5% lived with their fathers only in 2022, there is a need to ensure that a noncustodial parent is responsible for a child’s maintenance, health, and education costs.

Even though the Uniform Child-Custody Jurisdiction and Enforcement Act aids courts in determining matters of child custody across states, and with the U.S. Office of Child Support Services doing the same regarding child support payments across the U.S., there are still many challenges in multi-state family disputes that often necessitate the support of a family law attorney.

Resolving disputes over an existing out-of-state child custody arrangement can sometimes be difficult. In many cases, some parents must get permission from the court where the custody arrangement was entered in order to move out of state. If a custody arrangement does not dictate that a parent must inform the noncustodial parent of a move, it may be difficult for the noncustodial parent to get assistance in North Carolina.

There may also be delays in requesting child support through a local Charlotte/North Carolina Child Support Services (CSS) office if legal parentage has not been established and if little is known about a noncustodial parent’s location. Enforcing foreign child support orders, even after registering them in the state, may be an uphill battle if the other parent is constantly moving or unemployed.

According to a 2023 CPS-CSS Survey, 35% of parents across the U.S. found it difficult to work with the Child Support Program. Collecting child support may be one of the most frustrating aspects of multi-state disputes to resolve on your own.

Jurisdictional conflict may also arise when seeking divorce and determining property division or if either party is seeking to change an existing child custody or child support order.

Handling a multi-state case in Charlotte can take significant time, energy, and money if you do not have appropriate guidance on what steps to take after moving to North Carolina with your child. When choosing an attorney to help you with your multi-state divorce and child custody or support case, it is recommended that you work with a firm with a track record of assisting families with multi-state disputes. They can assist in:

• Helping you understand and navigate interstate jurisdiction laws about child custody and child support
• Handling procedural aspects of your case, including communicating with the agencies and courts and assisting you with gathering the needed information about the other parent.
• Advocating for your rights during the divorce process, including securing a fair property division and spousal support arrangement.

Failing to obtain a fair child support, alimony, or property division agreement can set a single parent in a difficult financial situation, especially as the average monthly cost for daycare for a toddler at a high-quality care center in Mecklenburg County is around $1,200.

Our trusted attorneys at Plumides, Romano & Johnson, PC, ensure that nothing is left to chance in your case. We can help you initiate your divorce, have child custody and support orders enforced or modified in the state, and secure the most optimal division of assets.

Q: How Is Jurisdiction Decided in a Custody Dispute?

A: To determine jurisdiction during a custody dispute where the parents live in different states, the court typically follows the rules set by the Uniform Child Custody Jurisdiction Act (UCCJEA). The UCCJEA usually assigns jurisdiction to the “home state,” the state where the child has strong ties and has resided for a specified period of time.

Q: Can a Custody Order From Another State Be Enforced in North Carolina?

A: Yes, a custody order from another state can be enforced in North Carolina as long as the order is registered in the state. You can register a foreign child custody order by completing the required forms and submitting them to your Clerk of Superior Court in your county. This can also allow you to request changes in the future.

Q: How Do I Collect Child Support in North Carolina?

A: To collect child support in North Carolina, you can follow multiple steps. If both parents have moved to the state, you can petition for child support during a divorce or by filing a claim with the court or opening a case with North Carolina’s Child Support Services (CSS). CSS may also initiate a request for child support if the parent is out of state.
For existing child support orders, you must have the order registered in North Carolina.

Q: Can I Divorce My Spouse in North Carolina If They Live in Another State?

A: Yes, you can file for divorce in North Carolina if your spouse lives in another state, as long as you have lived in North Carolina for six months and you have been separated for over a year. It is important to consult a Charlotte/North Carolina attorney familiar with multi-state jurisdictional disputes to help you with your divorce, especially if you and your spouse have a large marital estate and children in common.

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.

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. Contact our office today to discuss your multi-state case.

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.