Q: my daughters residence is CA and is now in NC because of a custody order that was filed there, what steps do I take.
My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.
A:
In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a parent for at least six consecutive months prior to the commencement of the custody proceeding.
Given the information you provided, if your daughter lived in California for the last six months before the custody order was filed in North Carolina, then California would likely have jurisdiction over the custody matter, not North Carolina.
Here are the steps you can take:
1. Consult with a family law attorney in California who is familiar with the UCCJEA and interstate custody matters. They can help you understand your rights and options.
2. If a custody order was improperly filed in North Carolina, your attorney may advise you to file a motion in the North Carolina court to dismiss the case for lack of jurisdiction.
3. You or your attorney may need to file a custody action in California, asserting that California has jurisdiction as your daughter's home state.
4. If the North Carolina court has already issued a custody order, you may need to challenge the order in the North Carolina court or seek to have it registered and modified in California.
Interstate custody matters can be complex, so it is essential to work with an experienced family law attorney who can guide you through the process and help protect your rights and your daughter's best interests.
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