Legal Question in Family Law in North Carolina

My adult daughter has a 1 year old child and is pregnant with another. She and the babies father were never married and custody was never set by the courts. In Ohio, the birth mother automatically has full custody until a court says otherwise. She found herself in a financial crunch when she couldn't maintain her job due to severe morning sickness. Without a place to live, she moved back in with me in North Carolina. I can at least put a roof over her head and make sure she gets through this pregnancy safely. She just received a court summons from an Ohio court because the dad is petitioning for full custody. The problem is that she does not have the money to get a lawyer, or to travel back to Ohio for the court date. Which court has jurisdiction and are there alternatives that aren't going to turn her into a criminal because of limited resources?


Asked on 8/25/15, 8:54 am

1 Answer from Attorneys

Unless mother and the child have been in North Carolina for at least 6 months, it is likely Ohio has jurisdiction. If you daughter crossed state lines and returned to North Carolina without securing the permission of the father - depending on the actual current custody situation, it may be that she has committed a crime under some version of the Parental Kidnapping Prevention Act. If she can not afford to defend against the custody suit, it may be to her advantage to discuss things with the father and try a work out a fair Custody Agreement. If not it is possible she could lose custody. If she remains in NC and delivers the new baby one way to at least delay father from getting the second child as well is to simply not list him on the birth certificate.

Best of luck to you both.

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Answered on 8/25/15, 11:05 am


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