My ex wife has been living in North Carolina for about a year and half. She has been refusing to let me see our children or talk to them. It has been until a few weeks ago that I was ALOUD to talk to them on the phone. Now she has said that she is moving to Wisconsin, and that she doesn't care if I like it or not. Our divorce was in GA because she living there when we divorced. If I don't get jurisdiction changed to North Carolina before she moves will Wisconsin have jurisdiction? Who will?
What custody and parenting time order was originally entered? Do you have any custody or parenting time ordered? Was she allowed, in your divorce decree, to move to NC from GA? If you have some kind of custody/parenting time and she was not authorized to move, then, technically, that first move violated the law. Another move would also violate the order. You need to get back to GA and file a motion with the court to stop this and to enforce your parenting time, assuming you have some.
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The threshold question is whether or not Georgia exercised jurisdiction over custody of your children. If Georgia just entered a divorce and failed to address custody, then a custody action could be filed in North Carolina now.
If Georgia did address custody, register/file the custody or in North Carolina and seek to modify it here now. You may need to file an action in GA to transfer jurisdiction, but you could do that almost simultaneously. The key is to get it into Court asap and have an action of some sort pending in North Carolina.
Ultimately North Carolina would have jurisdiction according to the factors set out in the Uniform Child Custody Jurisdiction Act if there was a conflict between Georgia and NC, but Georgia will technically have it until its officially transferred(or dismissed in GA in favor of the action in NC), if all the parties and children have been living in NC for over a year.
You are going to have consult with a family lawyer and show that attorney your paperwork from Georgia. You need an action filed asap, which may allow you to seek an emergency order if needed or at least keep Wisconsin out of the picture.
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The information contained in this response is general information and is not legal advice. Nothing contained in this response should be construed as legal advice or creating an attorney-client relationship between the attorney and the reader. An attorney-client relationship may only be created by express representation agreement between Glenn Doyle of Doyle & Doyle, PA and Client.
If a custody order was entered in GA, and if you both live in NC and the child has lived here more than 6 months, you have to register the GA custody order in NC first. This is not terribly difficult or expensive to do. Once registered, it will become a NC custody order and may be enforced as such. At the same time, you can file a motion asking the NC court to take at least emergency jurisdiction to prevent her from taking the child to WI. See a family lawyer ASAP and get certified copies of the GA custody order.
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