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How does one request that a North Carolina Court (New Hanover) release jurisdiction under the UCCJEA to another state?Procedure?

Bothell, WA |

Wilmington, NC: Three children.Father severely abuses mother.Mother leaves w/agreement to keep kids.Father snags & keeps kids. An order for custody was entered in late 2006 in favor of the father.Father cut off communication between the mother & children & threatened her with arrest if she came around them (father: police officer),then quickly relocates to Virginia.After being skip traced & issued an ultimatum,he sends 1 child to the mother in WA.UCCJEA: no party or child resides in NC, no action has been filed since '06, & no action has been filed in VA, how does one request the NC court to release jurisdiction to WA for a custody petition? Grounds for an emergency order exist, though, I understand that a "loss of continuing jurisdiction," must be agreed to by the original court. Thanks.

Attorney Answers 1

  1. If neither parent still resides in NC, NC has NO subject matter jurisdiction. You don't need their release.

    Apparently you are seeking custody of the other children (and maybe the one already in WA, if not previously done through the court), with the father in Virginia. If they have been there at least six months, Virginia would be considered their "home state", for purposes of the UCCJEA.

    Basically, you have to have two actions pending: one in each state. Then you ask the judges in each court to phone each other to discuss which court ought to decide the pending parenting issues. One will yield to the other, and you then continue in the court which prevails.

    If this answer is helpful or the best answer, please say so. Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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