Charlotte, NC asked in Child Custody and Divorce for North Carolina

Q: I lived in Philadelphia up until March 2020. my sons father took me to court for custody plenty of times he was denied.

I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?

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1 Lawyer Answer
Amanda Bowden Johnson
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  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you presumably would not get properly served there and the action can not proceed forward without you being properly served. Also, it appears you are aware of the custody action so the odds of him getting custody in a North Carolina court by attempting to pull a 'fast one' are likely less than slim and none. Especially in light of the fact that he has been denied before. You should consult with a local family law attorney who can review your specific situation in more detail and lay out your options for you but based on your description, more likely than not, all his custody suit will accomplish is an expense for him and an annoyance to you. Best of luck.

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