Legal Question in Family Law in North Carolina
I left the father of my daughter for growing pot on the property a year ago and moved from NY to NC to be closer to my familly and a better support system since she has autism. He is now threatening me stating I kidnapped her which I know is wrong since we were not married and there isn't a custody order in place. Can he do anything in NY before I get a chance to file my custody petition in NC within the next couple of weeks?
1 Answer from Attorneys
If what you say is true that there is no custody order in place and the child has been gone from New York for 6 months and has lived in North Carolina for 6 months, then any custody action has to be filed in North Carolina and the biological father is talking trash.
If he got a family attorney in New York the attorney would tell the father that an action has to be brought here if the facts are as outlined above. That said, nothing stops the father from representing himself or misrepresenting the situation to his attorney. So if he makes up something to make it look like New York would have jurisdiction, then yes, he can do something. If that happens, you would need to get a New York attorney to file an answer and explain why New York has no jurisdiction.
I would try and get a custody petition filed here in North Carolina as soon as possible if you really think action by the father is a distinct possibility.
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