Legal Question in Family Law in North Carolina
What do I need to do to regain custody of my children?
My ex husband has custody of my children because of my gambling problem. So, the judge granted him legal and physical custody. My children lives in NC, my ex lives in PA and I live in Texas. One child lives with the Aunt and the other lives with the grandmother. He has custody but he doesn't not have our children living with him. It has been going on 2 years and he has not made any attempt to raise our children on a permanent basis.
I am no longer gambling and I have been to couseling for gambling and sexual abuse. I now own a home and I have a great job. What do I need to do to regain custody of my children?
3 Answers from Attorneys
Re: What do I need to do to regain custody of my children?
I agree with the prior answer except that if none of the parties now live in the State that issued the Custody Order and there is a new "home state" for the children, you may be able to file a Complaint to Assume Jurisdiction where the children reside.
At least that is the way it is in North Carolina pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Once none of the parties continue to live in the state with exclusive continuing jurisdiction, you can ask the state where the children have now established a new home state to assume jurisdiction.
For more information on NC law, see our website.
Good luck!
Re: What do I need to do to regain custody of my children?
I agree with the prior answer except that if none of the parties now live in the State that issued the Custody Order and there is a new "home state" for the children, you may be able to file a Complaint to Assume Jurisdiction where the children reside.
At least that is the way it is in North Carolina pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Once none of the parties continue to live in the state with exclusive continuing jurisdiction, you can ask the state where the children have now established a new home state to assume jurisdiction.
For more information on NC law, see our website.
Good luck!
Re: What do I need to do to regain custody of my children?
You need to go back to the court that has continuing jurisdiction and ask to modify the current custody relationship.
Best of lUck!
Congratulations on slaying your demon - gambling!
Happy Holidays!
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