Child Custody Jurisdiction Guide

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Summary

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) generally gives jurisdiction to the childs home state. If a child has lived in California for the last 4 years, California is likely the home state. However, if the child stays in North Carolina for over 6 months, North Carolina could become the home state. Filing a motion in North Carolina wont pause the residency clock. After filing for temporary custody, the court reviews the motion, serves notice to the other party, schedules a hearing, and a judge makes a temporary order. An affidavit is a written statement confirmed by oath, used as evidence in court. An affidavit motion includes sworn statements to support a motion. Consult a family law attorney for specific guidance.

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Can this take awhile if it favors the father
The duration of child custody cases can vary greatly and depends on the complexity of the case. It's best to prepare for a process that may take several months. Legal representation is advisable for such cases.
What is it takes to long and 6 months pass
If the case extends beyond 6 months, North Carolina may become the "home state" under UCCJEA if the child has been living there. It's crucial to act promptly and consult with a family law attorney.
Even tho the child has been living In California for the last 4 years
The fact that the child has lived in California for the last 4 years could establish California as the "home state" under UCCJEA. However, if the child has been in North Carolina for over 6 months, it could change. A family law attorney should be consulted.
If I file motion in North Carolina can it pause the time that the child is there
Filing a motion won't necessarily pause the "clock" for establishing residency under UCCJEA. It's important to act quickly to seek legal advice and initiate appropriate legal actions.
After filing motion for a temporary custody what happens next
After filing a motion for temporary custody, the following steps usually occur:
- The court reviews the motion.
- The other party is served notice.
- A hearing is scheduled.
- A judge makes a temporary order.

Note: This is a general process and may vary by location. Consult with a local family law attorney for more specific guidance.
Does mother get notice after judges descion
Yes, the mother should be served notice of the judge's decision. This is generally handled by the clerk of court or through your attorney if you have one. It's important to confirm this process in your specific location.
What is affidavit
An affidavit is a written statement confirmed by oath or affirmation, often used as evidence in court. It must be voluntarily made and signed in front of a notary. It includes facts that the person making it (the affiant) can testify to.
What is affidavit motion
An affidavit motion is a legal document where one party makes sworn statements, used as evidence in court, in support of their motion. It is signed in front of a notary. This can be helpful to convince the court of the merit of the motion.