What if My Spouse Wants Custody of the Children, But has Moved to a Different State?
North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to ensure that litigation happens where the child has the most connections to the state. There are two situations which allow North Carolina courts to have jurisdiction and give a party the ability to file for custody in North Carolina.
North Carolina must be the home state of the child that either the child must have lived with a parent/guardian for at least six consecutive months immediately before filing, or if North Carolina was the home state within six months of filing and the child is absent from the state, but a parent/guardian still lives in the state.
For instance Bob and Mary live in North Carolina for one year with baby Will. They separate and Bob moves to Michigan with Will. Mary can file suit for custody in North Carolina as long as six months has not gone by.
If a parent wants to relocate to a different state (or even to a far away county within this State) then that parent will have to show that the move is in the best interests of the child. This can be difficult to prove especially if the other parent was an involved parent.