High Point, NC asked in Family Law for North Carolina

Q: I have a 2yr old sonand his father and i are not together. We live in NC I am wanting to move with my parents to FL ..

I have a 2yr old son and his father and i are not together. We live in NC I am wanting to move with my parents to FL once they leave. I cannot stay in NC because i cant affored and care for my son as i would want. His father does not want to let me take him, neither of us have custody on our son, what will happen ? how can i get him to accept it?

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1 Lawyer Answer
Steven W Grainger
Steven W Grainger
  • Winston-Salem, NC
  • Licensed in North Carolina

A: If there is no order in place, the North Carolina has not yet asserted jurisdiction. When you're talking about custody issues across state lines the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is controlling. Under the UCCJEA North Carolina would be the state of initial jurisdiction. Which means that if the father filed for custody after you move to Florida, you could conceivably be required to come back and appear at a North Carolina Court proceeding. At that point a determination would be made as to what is in the best interest of the child, which very well could be for the child to be in Florida. But judges can be unpredictable. You could also file for custody once you got to Florida. Florida would have jurisdiction to enter a custody order, however unless and until the child resides in Florida for a period of six months, then North Carolina is still a home state, and would still have first say as to where the custody action must be maintained.

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