Charlotte is one of the fastest growing cities in the country. Undoubtedly, this includes families with child custody orders from different states. While you are unpacking, getting settled, and beginning to call North Carolina your new home, there are a few things to keep in mind about your child custody order should it be from a different state or country. In order to protect your children and your legal interests, you will need to take important steps to register or transfer jurisdiction of your current child custody order so that you can turn to the North Carolina Courts for enforcement and modification of said order. Otherwise, you may be finding yourself with a number of legal troubles.
What does it mean to “register” a child custody order?
Registering your child custody order from another state (i.e. foreign order) allows you to ask a North Carolina Court to enforce that order should the need arise. Generally, if you have a custody order from a Georgia Court but the order is being violated in North Carolina where you live, then you would first register the Georgia Order with the North Carolina Courts and thereafter seek its enforcement. There are few exceptions applicable only in emergencies. If you do not properly register such an order outside an emergency, you may find yourself enduring delays and further legal issues. The complexity of interstate custody only increases when the parents of children reside in different states.
What if you want to modify your Child Custody Order?
Registering your foreign order is important for enforcement; however, it does not help if you want to make any changes or modifications to the order. For that you would need transfer jurisdiction of your order from your former state to North Carolina. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which include rules that have been adopted by most states and territories to uniformly handle situations such as this, the Court who made the initial child custody decision has exclusive and continuing jurisdiction over the child custody mater. Unless specific circumstances are present, that Court shall retain jurisdiction until the Court of the former state or a North Carolina Court transfer jurisdiction in accordance with the UCCJEA. What needs to happen next depends largely on where the parents and the child are for the period immediately before an action is started.
If everyone has moved from the former state to North Carolina, then it is likely a North Carolina Court can declare that jurisdiction transfers to the North Carolina Courts. However, if a parent or a child remains in the former state, then it is unlikely that a North Carolina Court can transfer jurisdiction. Rather, a transfer of jurisdiction or child modification request will need to be heard in a Court of the former state.
Navigating the jurisdictional issues involved in Interstate Child Custody situations requires a close look at the specifics involved in your case. Taking some time now to discuss your case specifics with a qualified, experienced family law attorney can save you time, headaches, and possible out-of-state travel in the future.
If you are thinking of moving and have a child custody order, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
