Summary
Navigating child custody motions in North Carolina involves understanding jurisdiction, service of process, and court timelines. California may retain jurisdiction if the child lived there for 4 years. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) can be invoked. Once a motion is filed, the court sets a hearing date, and the other party must be served with notice. The timeframe for court dates and notifications can vary. If the other party doesnt respond, the court may proceed without their input, potentially resulting in a default judgment. Consult your attorney for specific procedures and timelines in North Carolina.Full Conversation
In North Carolina
It appears you're facing a child custody situation in North Carolina. May I know if your case involves issues such as visitation rights, child support, or parental rights?
Im secondary and my child has been living with in California for 4 years child went to go visit mom in North Carolina and decided to keep her
It's important to note:
- California may retain jurisdiction since the child lived there for 4 years.
- The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) can be invoked.
- Consult a lawyer to discuss jurisdiction and enforcement options.
Please provide the city in which you reside for the nearest court's details.
My attorney from North Carolina filed motion
It appears your attorney has filed a motion in North Carolina. Since your child lived in California for 4 years, California might retain jurisdiction. You may need to counteract in California, not North Carolina. Consult your lawyer regarding this.
My costudy orders are in North Carolina
It seems your custody orders are from North Carolina. It's important to note:
- North Carolina has the jurisdiction if the orders are from there.
- Consult your attorney regarding the "home state" rule under UCCJEA.
- Your attorney might need to file a motion to enforce the order in California.
So once the motion is file what’s next
Once the motion is filed:
- The court will set a date for hearing.
- You'll need to serve the other party the motion.
- Both parties will present their case at the hearing.
- The judge will make a decision based on the evidence presented.
Will the other party receive notice before hearing
Yes, the other party should receive a notice. This is known as 'service of process.' It's important to note:
- This notice includes details of the hearing and a copy of the motion.
- The method of service varies by jurisdiction. Consult your attorney for the appropriate method in North Carolina.
- Proof of service is usually required.
Do I get a court date right away when I file
When a motion is filed, a court date is typically assigned. However, the exact timing may depend on various factors including court workload and the nature of your case. Consult your attorney for more specific timeline information.
Can it take more then a day to get court date
Yes, it can take more than a day to get a court date. The exact timing depends on factors like the court's schedule and the complexity of the case. Always consult your attorney for specific timeframes.
Is the family court house in slow county full with hearings
I'm unable to provide real-time information about the court's schedule. Please contact the court directly or ask your attorney for information about the court's schedule in Slow County, North Carolina.
How long does it take for the other party to get notified
The notification time for the other party can vary, but generally:
- They should be served with the motion papers soon after filing.
- The specific timeframe can depend on the method of service used.
- Your attorney or local court can provide more precise information.
What’s the average time frame
The average timeframe for a custody motion can vary greatly and depends on many factors, such as court schedule, complexity of the case, and whether it's contested. It could range from a few weeks to several months. Your attorney can provide a more precise estimate.
What if the other party doesent respond
If the other party doesn't respond:
- The court may proceed without their input.
- This could result in a default judgment in your favor.
- Consult with your attorney for specific procedures in North Carolina.
What if the hearing is before there 30 days
It appears you're concerned about a hearing being set before the *-day response period. Can you clarify whether you're worried about your own response time, or the other party's?
Generally, if a hearing is scheduled before the *-day response period ends:
- The hearing date might be postponed.
- The other party could ask the court for an extension.
- Consult your attorney for specific procedures in North Carolina.
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