Q: Is NC out of jurisdiction for removing my daughter without mother’s consent?
A:
I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:
- Is there an existing court order regarding custody of your daughter? If so, what state issued that order?
- How long has your daughter been residing in North Carolina?
- Have any legal proceedings related to custody been initiated in North Carolina?
In general, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, determines which state has jurisdiction over a child custody case. Factors that influence jurisdiction include:
- The child's "home state" (where the child has resided for the 6 months prior to the case being filed)
- Significant connections between the child/parents and the state
- Emergency situations involving the child's safety
Without knowing more specifics, if your daughter was removed from California to North Carolina without the consent of both legal parents, and California was her home state, California courts would likely still have jurisdiction. However, if she has been residing in NC for 6+ months, NC could potentially claim jurisdiction.
The most important thing is to act quickly by contacting an experienced family law attorney licensed in California and/or North Carolina. They can review all the facts and help you understand your legal options for having your daughter returned. If her removal was unlawful, you may need to file an emergency court motion.
I know this is a difficult situation, but there are resources and legal remedies available. Consulting with an attorney specializing in interstate custody disputes is the best first step. Wishing you all the best as you work through this.
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