Swansboro, NC asked in Child Custody, Divorce, Family Law and Military Law for North Carolina

Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her. She went as far as coming back with my daughter to the same town, same county that I live in, in NC and wouldnt let me see her. I have tried to call my daughter and no answer, straight to voicemail, she isnt responding to my text messages either, I believe Im blocked. What legal grounds do I have to seek custody? Can she be charged with parental alienation? Also, will her infidelity have any barring on any maintenance or debt distribution? Should divorce be filed in NC or NY?

2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: There is too much here to give a definitive answer - you need to consult with a local family law attorney ASAP - as in right now. Call us at (910) 333-9679. Depending on the time frame of you story, she may have committed a crime if she left the state with the children without your permission. As to jurisdiction, unless a court reserves it, typically jurisdiction is where the children have resided for the last 6 months. So your inaction is an issue and everyday you wait to take legal action makes matters worse for you.

Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court should force her to bring child back to NC.

Contact a local experiences family law attorney to assist you.

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