Charlotte, NC asked in Child Custody and Family Law for North Carolina

Q: I need some advice on transferring custody - complex situation.

I have a 50/50 custody order in place in TN. However, the father and i have both lived in NC (within 20 miles of one another) for 2 years now. We agreed on this verbally and didn’t go through the courts. Now he has moved back to TN and wants to pick up where we left off on that order.. how can I have the case transferred to NC where my child’s school, doctor etc is. He says the child will be homeschooled now. I’m not okay with this. What can I do?

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1 Lawyer Answer
Angela McIlveen
Angela McIlveen
  • Divorce Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: This is a complex case and you need to talk to a family law attorney with UCCJEA experience. Given that there is an order in TN and your child's father resides there, TN would likely maintain jurisdiction over the case. You would not be able to transfer jurisdiction to NC. If you want to modify the custody order you need to file to modify in TN. As part of the process, you could also file a lawsuit in NC and attempt to get TN to transfer jurisdiction but given that your child's father is in TN, I think it's unlikely they will transfer it.

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