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

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

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

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

LawyerSC@aol.com

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Answered on 12/20/01, 8:32 am


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