Legal Question in Family Law in North Carolina
Jurisdiction to enforse a custody order
Final custody determination and order was filed in Oct of 95. Order gave me (mother) full custody and his father liberal visitation.
I was the plaintiff. I was living in NC at time complaint (custody and divorce) was filed. NC was determined to be my son's home state at that time.
My son and I relocated to SC in Nov 1995.
Defendant (father) was and still is resident of Texas.
Recently defendant (father) filed a contempt motion in NC falsely accusing me of contempt of the custody order.
Question - Can NC still take jurisdiction even though none of the parties are resident or citizens of that state?
How can a motion be filed in a case that was wrapped up over 6 years ago (instead of having to file a new complaint to start a new case)?
thank you
1 Answer from Attorneys
Re: Jurisdiction to enforse a custody order
Question - Can NC still take jurisdiction even though none of the parties are resident or citizens of that state?
Answer - North Carolina still has what is called Continuing Jurisdiction because that is the state where the order was issued. However, you can have your new attorney file a motion to have the case transferred to South Carolina.
Question - How can a motion be filed in a case that was wrapped up over 6 years ago?
If your husband thinks that you are not complying with the original order, then the proper procedure would be to file for a contempt of court, which he has done. In other words, he is saying that the original order is not being followed. Therefore, a contempt action would be proper since it relates to the original action. It would not be appropriate for him under these circumstances to file a new action.
Robert J. Johnston
1-843-828-1137 Surfside Beach
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
