Legal Question in Family Law in North Carolina
child custody
I live with my boyfriend, we have a child together and I am thinking of leaving. If I do leave I will be going back to Ohio, what are my legal rights as a parent.
Thanks, Sally
1 Answer from Attorneys
Re: child custody
The home state of the child is the state where the child has resided for the past six months.
If you leave with the child and move to Ohio, Ohio will not have jurisdiction to handle the issue of child custody under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) until you have lived there at least six months.
If any litigation occurs before then, it must occur in North Carolina.
Most NC judges will allow you to move.
If the father is agreeable, this could be worked out by consent.
We could help you shape an agreement.
www.RiceFamilyLaw.com
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