Legal Question in Family Law in North Carolina

divorce in NC, ex moved to AR, no visitation since
my husband was divorced in NC and we have since moved to FL. his ex wife has moved to AR without our knowledge (he was previously taking trips up to NC to see his daughter) and now there is no communication between them--she won't give her number or address. he only had visitation at the time she moved, and was beginning joint custody proceedings when she moved (so he couldn't find them). does my husband now have any legal rights for full custody? and should he continue to file in NC, or in our legal residence state FL, or in hers, AR? She won't show up for court in NC, has alrady missed a hearing. what can he do?

Asked on 11/11/02, 12:22 am

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

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Re: divorce in NC, ex moved to AR, no visitation since

That would depend. Had your husband actually filed any court papers seeking custody in NC? Had his wife been served with the papers and knew of the court date? If so, NC would still have jurisdiction. Some different rules would apply but NC should still have jurisdiction. If nothing had been filed to alert the X that your husband was seeking custody and she moved to AR, jurisdiction would likely be where the children reside-AR.

Good luck

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Answered on 11/11/02, 1:02 am

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