Which law will govern child custody matters if the parents reside in different states?

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Which law will govern child custody matters if the parents reside in different states?

My 4 year old daughter and I live in NC and her father lives in FL. Which state laws should we be referring to?

Asked on October 8, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is a general rule that issues regarding child custody must be brought in the state and county in which the child resides.  That is the only way that the Judge and court can obtain what is called jurisdiction over the matter and make a determination.  So the court should apply the law from the state of North Carolina here.  I caution you: it is really best for all those concerned to try and agree about issues regarding your child.   That is not to say that you need to cave with regard to your child and her best interests.  But the court will recognize if you are being an obstructionist with regard to the relationship between her and your father.  Good luck to you.


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