How do I file a temporary emergency jurisdiction from one state to another regarding child custody?

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How do I file a temporary emergency jurisdiction from one state to another regarding child custody?

I needs help retaining custody of 6 year old. I’ve had custody for 5.5 years in CA. Mother of my son is violent and has been ordered numerous times to be evaluated by psychiatrist’s, among other things. She has never complied. I was told by the court that I would loose custody if I let my son see his mother unsupervised. She does not pay now nor has she ever paid her court ordered child support. I had 2 state judges tell me to sue the county for endangering my child because they continue to endanger my son. We relocated with court permission to NC where my family lives. My son has been in school 3 months.

Asked on January 23, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

If the court granted you the right to move then I am not sure that filing for emergency anything is necessary.  What you need to do is to take the prior orders of the court regarding custody and visitation and file them to transfer jurisdiction to the court in North Carolina.  The Court and the Judge's in North Carolina will recognize any ruling and order from the Courts in California.  Then they will obtain the jurisdiction necessary to be able to make determinations regarding custody and issue any orders necessary on the case.  You should get some legal help with this to do it correctly given the past problems in this matter.  If you can not afford an attorney go to see legal sid or child services.  Good luck with you new life.


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