Interstate Child Custody Dispute

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Summary

Interstate child custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). California may have jurisdiction if the child has lived there for the last 4 years. Filing a petition in California to modify the original custody order from North Carolina may be necessary. The primary custodian cannot violate existing custody orders. Presenting compelling evidence, such as phone records and photos, is crucial. The judge will consider the childs best interests, including emotional and physical well-being, stability, and educational continuity. Discuss all aspects with your lawyer for personalized advice.

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Yes I have gotten a lawyer from North Carolina
That's a good step. Interstate custody cases like yours are usually governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In your situation:
- California may have jurisdiction since the child has lived there for the last 4 years.
- You may need to file a petition in California to modify the original custody order from North Carolina.

I suggest discussing these aspects with your lawyer.
Do I need to file a petition in California even tho I have a hearing in North Carolina
From the information you've provided, it seems like your child's home state is California, as they've lived there for the last 4 years. Under the UCCJEA:
- California likely has jurisdiction over the custody case.
- You may need to file a petition in California regardless of the hearing in North Carolina.
However, consult your lawyer for personalized advice.
What if I don’t can North Carolina just transfer the case to California
Yes, under the UCCJEA, North Carolina could potentially transfer the case to California if it determines that California is the child's home state. However, this decision is at the discretion of the court. Please consult with your attorney for specific advice.
Is it Likely I’ll get temporary custody on the first hearing
The likelihood of getting temporary custody at the first hearing depends on several factors, such as the child's best interests, the current living conditions, and the judge's discretion. However, presenting a strong case can increase your chances. Consult with your lawyer for more personalized advice.
The child has been going to school in California since tk she is almost 8 years old her family and friends are in California she only has her mother in North Carolina
Based on your information, the child has established a meaningful connection with California. This could potentially influence the court's decision. However, it's essential to consult with your attorney. Are there any other aspects of your situation you'd like to discuss?
Mothers decision to keep child is that ok that she did that just because she’s primary
This sounds complex. Under the UCCJEA, the primary custodian generally has the right to physical custody. However, this doesn't mean they can violate existing custody orders. To clarify, was there an agreement about the duration of the visit? If so, keeping the child beyond this period could be deemed as violation.
Yes only * weeks and return her before school
If the mother has kept the child beyond the agreed * weeks, it could be viewed as a violation of the custody agreement. Again, consult your lawyer about this specific issue to ensure your rights and the child's best interests are protected.
But she’s primary
Being a primary custodian doesn't allow for violation of custody agreements. If she's kept the child longer than agreed, it can be considered a breach. Have you spoken to your lawyer about this specific violation? It's crucial to ensure the best interest of the child is maintained.
They say there is no violation because she’s primary and has child in North Carolina
Understanding that the primary custodian generally has more rights, it's essential to know that they're still bound by the terms of the custody agreement. If they've exceeded the agreed visitation period, it could be considered a violation. Have you considered filing a formal complaint in court?
I have a hearing next week what should I expect
You should expect the following during your upcoming hearing:
- Present your case and evidence, such as the established connection of the child with California.
- The mother will also present her case.
- The judge makes a decision based on the child's best interest.
Discuss with your lawyer for more personalized advice.
What evidence can the mother provide if she’s hasn’t been in her mothers life for the last 4 years
The mother can possibly provide evidence showing her efforts to maintain contact with the child, any financial support provided, and any reasons for her absence in the child's life. However, the court will consider the child's best interest. Consult with your lawyer for further advice.
I have phone records of how many times she has called
Having phone records could be beneficial evidence to demonstrate the mother's level of involvement. Have you shared this with your lawyer and plan to present this during the hearing?
The first hearing is only an hour long tho
The duration of a hearing can vary. However, it's important to focus on presenting the most compelling evidence within the allotted time. Have you discussed a strategy with your lawyer about what to present at the hearing given the time constraint?
With the lawyer come up with a game plan the day before hearing
It sounds like you're preparing well. Do you have any specific questions about the game plan or anything else you'd like to discuss regarding the hearing?
The mother also enrolled her in school with out notifying me
I understand that can be frustrating. However, have you discussed this matter with your lawyer? In some cases, this action may be seen as an attempt to establish residency for the child, which could impact the jurisdiction of the case.
Yes I have but what do you think ?
Enrolling the child in school without your knowledge might be seen as an attempt to establish residency. This could influence the jurisdiction of the case. However, it's important to discuss this with your lawyer as they have detailed knowledge of your case and can advise you best.
But my child’s been in California for more then half her life time
Indeed, your child's long-term residence in California is a crucial factor in your case. Have you discussed with your lawyer how this could potentially impact the court's decision regarding jurisdiction and custody?
Am I able to present pictures to the judge
Yes, visual evidence like pictures can be presented to the judge. They can support your case, especially if they show the child's life and wellbeing in California. Please discuss with your lawyer about the best way to present this evidence.
What’s the best way to present this
It's best to organize your evidence in a clear, logical manner. Here's a general guideline:
*. Arrange in chronological order: Helps to show the progression of events.
*. Highlight key points: Important details should be easy to identify.
*. Provide context: Brief descriptions for each piece of evidence.
*. Prepare copies: Have multiple copies for all parties.
Review this with your lawyer for a tailored approach.
Who’s side will the Judge be on
The judge is neutral and decides based on the child's best interests. Factors like the child's emotional, educational, and physical wellbeing, along with the stability of the home environment, are considered. Have you discussed these aspects with your lawyer?
Based on what you been told what’s the best interest of the child ?
The best interest of the child is typically determined by considering factors such as:
*. Emotional and physical well-being.
*. Stability of the home environment.
*. Educational continuity.
*. The child's preferences (if age-appropriate).
*. Maintaining existing relationships.
Given the child's long-term residence and established life in California, it could be argued that it's in their best interest to remain there. However, it ultimately depends on the court's assessment.
In North Carolina child only family is mother
It seems like your child has only her mother as family in North Carolina. However, her established life and relationships in California are also significant. Were you wondering how this might impact the court's decision?
Yes
Given your child's established life in California, the court will likely consider this. However, it's crucial to note that the court will evaluate various factors when deciding. Have you discussed these factors and their implications with your lawyer?
What factors
The factors that the court may consider when deciding on child custody can include:
- The child's emotional, physical, and mental health.
- The capacity of each parent to provide a stable, loving environment.
- The child's established life, schooling, and relationships in a particular location.
- The child's own wishes, if they are of an age to express them.
- Any history of abuse or neglect.
Please discuss these with your lawyer for a tailored approach.
Wouldn’t there be neglect from the mom since she made no effort until now to have her in her life
If the mother has not been involved in the child's life, it could be considered a form of neglect. However, the court will consider various factors. Have you discussed this specific aspect with your lawyer? It could potentially impact the court's decision.
What other factors are there
Some additional factors that a court might take into account for a child custody case are:
- The ability of each parent to cooperate and communicate with each other.
- The willingness of each parent to foster a positive relationship between the child and the other parent.
- The ability of each parent to provide for the child's special needs, if any.
- Any evidence of substance abuse.

Remember, always consult your lawyer for more specific advice.
Will the Judge see the action the mother made to keep the kid away from family and friends in California
Yes, the judge will likely consider the mother's actions, including any attempts to isolate the child from family and friends in California. However, the court's primary concern is always the child's best interest. Discuss this with your lawyer to prepare your case effectively.
After filing motion when does the mother get serve
After filing a motion, the mother should be served as soon as possible. However, the exact timeline can vary based on several factors, such as the method of service. Please consult with your attorney for a more precise timeline.
Can the mother postpone the hearing ?
The mother can request to postpone the hearing, but it's at the judge's discretion to grant this. The reason for the request and its impact on the case will be considered. Have you discussed this possibility with your lawyer?
Can it be postpone on the day of the hearing
Yes, in some cases a hearing can be postponed on the day, but it's ultimately up to the judge's discretion. The reason for the request and its potential impact on the case will be considered. Please consult with your attorney for more detailed advice.
What if I’m coming from California and I show up to North Carolina and it gets postponed
That could be frustrating indeed. If the hearing is postponed after you've arrived, you'll likely have to reschedule your plans. However, the court usually tries to avoid such situations. Have you discussed this scenario with your lawyer?
If it goes my way will I get temporary custody?
If the court rules in your favor, you could be granted temporary custody. However, the final decision is based on multiple factors, all centered around the best interest of the child. Please discuss possible outcomes with your lawyer for a more tailored approach.
If I get temporary custody I can bring her back to California?
Yes, generally, if you are granted temporary custody, you would have the right to bring your child back to California. However, specific terms may apply. Have you discussed this possibility with your lawyer?
Has there been cases like mine ?
Yes, there have been many similar cases. Interstate custody cases can be complex due to differing state laws, but the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) usually governs these situations. It's designed to avoid jurisdictional competition and conflicts in custody cases that span multiple states.
Can I still get temporary custody if North Carolina decides to keep jurisdiction?
Yes, it's possible to get temporary custody even if North Carolina keeps jurisdiction. However, it depends on several factors like the judge's decision based on the child's best interests. Have you discussed this specific situation with your lawyer?