North Carolina  |  Family Law

Legal Question

Asked on: 12/19/01, 6:27 pm

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

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