Legal Question in Family Law in North Carolina

Good afternoon to whom it may concern....I live in north carolina and am currently in a battle for visitation with my ex pertaining to the two children we have. After being together for 10 years we decided to split up ....we were never married. during the ten years we had 2 children together. I decided to let the children stay with her so they could stay in the school where they had always attended because I was moving 45 minutes away. since that time i have been paying my child support volenterly thru childs upport enforcment and have not missed a payment. Neither of us had filed for custody and niether of us have to this date done such. our agrremnt was that i would have the kids every weekend. once again this was not court ordered.back in march she told me she was taking the kids on vacation to disney world for a week and i agreed to let them go as long as she cleared it with the school so they could stay up to parr with their school work. a few days later i found out they were in reno neveda and had moved there. this is in the middle of the school year. i was furiated but their was nothing i could do. I cant afford a retaining fee the attorneys want and have been distraught by the whole situation.I want my children back in nc with me because since theyve been there they have been staying in a 2 bedroom apartment with 4 other people living there and the mother isnt trying to do anything. there is 7 people sharing a small 2 br apartment.all that aside can I go and file for custody of the children here in nc since they live in reno now and it hasnt been six months. any assistance would be greatly appreciated. also did she break any laws when she moved without letting me know. can i represent myself and is their a resource for me to obtain the paperwork needed so I can advoid hiring an attorney. am sure i should hire one due to my inexpierence...not sure if their are any availible resources..


Asked on 6/09/10, 8:43 pm

1 Answer from Attorneys
Rachel Hunter

How long have the children been in Nevada? If it is less than 6 months, then you can file for custody in NC in the county where the children resided prior to their relocation. If it has been more than 6 months, then NC has lost jurisdiction. And because there wsw never a prior custody determination, Nevada will be the children's home state. If the children are in Nevada, you will need an attorney there.

I have no idea what the resources are in Nevada. Depending on where you are at, limited legal reources are available in NC. Try the Mecklenburg self-serve center at www.nccourts.org. There is also a center in Wake County, but it is only accessible by visiting the courthouse and only then by appointment or the hours of operation. There are also some attorneys listed at the Mecklenburg site who provide limited legal services.

Some counties may have forms that you can use for a petition for child custody. You have to prove that being with you will be in the children's best interests. I am glad that you are supporting yor children and you are to be commended for that. Child support has no role in custody actions however. You need to get this filed quickly if it has been less than 6 months.

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Answered on 6/10/10, 7:55 pm


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