Q: How would I go about filing for custody of a child who currently resides out of state?
I reside in Virginia currently and my child resides in North Carolina. Custody was granted under the pretense that I was no where to be found, when in fact the party knew of my where abouts. In addition, permanent custody (final decision, the paper says) was granted without my participation in the hearing. This took place in another state(Virginia) when at the time I resided in (North Carolina)
A: It depends on where the last custody order was issued and how long the child has lived in North Carolina. If the child has lived in North Carolina, then the courts there have jurisdiction over the child, however, the current custody order is not from North Carolina, you will have to ask the North Carolina court to take jurisdiction for purposes of making a change to custody. If the child is currently living in North Carolina you should speak to an attorney in North Carolina for more specific advice regarding your situation.
1 user found this answer helpful
A:
File a petition for custody in the state that has jurisdiction under the UCCJEA.
If this is a new matter, it will likely be the state where the child has lived the past six months.
If it is an existing case with a prior order, and a parent or child continues to live in the jurisdiction of the court that issued the order, then return to that court.
If it is an existing case with a prior order, but everyone has moved from the jurisdiction of the court that issued the order, then go to where the child has lived the past six months.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
