multi-state disputes

Divorces, Seperation, Child Custody, Support and Alimony Can Get Tricky Across State Lines

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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

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.

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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.

ITS NOT A

CHANGE OF VENUE

Some refer to this as a change of venue but that is not correct. A change of venue occurs within the state but when you are asking North Carolina to relinquish jurisdiction to another state, the applicable law is inconvenient forum.

CONSIDERATION

JUDGE’S DISCRETION

Judges consider all the evidence in relation to these factors and make a decision that North Carolina is or is not an inconvenient forum. If the court concludes it is an inconvenient forum, the custody case moves to the other state and NC relinquishes its jurisdiction. If the court concludes it is not an inconvenient forum, NC retains the case.

CAN YOU HAVE

MULTIPLE ATTEMPTS

Because facts change and time can impact the factors, we have sometimes seen a judge deny a request to declare North Carolina an inconvenient forum and years later determine that it now is inconvenient.

MULTI-STATE

CHILD CUSTODY

We are experienced with all aspects of multi-state child custody litigation under the UCCJEA, trial court and the Court of Appeals. We litigate international child custody disputes under The Hague Treaty.

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 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.