When parents live in different states, deciding custody and visitation can quickly become complicated. North Carolina courts follow specific rules to determine which state has the right to make custody decisions and how parenting time should be arranged.
If you’re in this situation, understanding how the law works can help you protect your parental rights and avoid unnecessary legal battles.
Understanding Jurisdiction in Interstate Custody Cases
The first step in any interstate custody dispute is determining jurisdiction, or which state’s court has the authority to decide the case. North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Under the UCCJEA, North Carolina typically has jurisdiction if:
- North Carolina is the child’s home state (where the child has lived for at least six months before the case is filed).
- No other state qualifies as the home state, and North Carolina has significant connections and evidence about the child’s care.
- The child is present in North Carolina and needs emergency protection.
This rule is meant to avoid parents filing competing cases in different states and to keep custody decisions consistent.
Contact a North Carolina Lawyer today.
Establishing and Modifying Custody Orders
If North Carolina is determined to have jurisdiction, the court can issue an initial custody order or modify an existing one from another state — but only if the other state gives up its jurisdiction or is no longer the child’s home state.
Parents may also need to register an out-of-state custody order in North Carolina before it can be enforced or modified here.
Parenting Plans Across State Lines
Once jurisdiction is established, the court will create a parenting plan that considers the challenges of long-distance parenting. Factors include:
- Travel time and expenses for visitation
- The child’s school schedule and extracurricular activities
- The ability to maintain a meaningful relationship with both parents
- The child’s best interests under North Carolina law
Sometimes courts order fewer but longer visits (for example, during summer or school breaks) rather than frequent short visits that would disrupt schooling.
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Enforcement of Custody Orders
North Carolina courts can enforce out-of-state custody orders under the UCCJEA. If one parent refuses to follow the order, the other parent can ask the court to:
- Recognize and enforce the out-of-state order
- Hold the non-compliant parent in contempt
- Order make-up parenting time
This helps ensure that both parents follow the custody arrangement, even across state lines.
Practical Steps for Parents
If you and your co-parent live in different states, here are some steps you should take:
- Consult with a family law attorney experienced in interstate custody issues. Martine Law’s family law attorneys can help you determine jurisdiction and protect your parental rights.
- Keep records of communication, travel expenses, and visitation schedules to show good faith cooperation.
- Plan ahead for transportation costs and school calendars to avoid disputes.
- Register out-of-state orders in North Carolina if you need local enforcement.
Why You Need a Lawyer
Interstate custody cases involve complex laws and deadlines. An experienced attorney can:
- Determine which state has jurisdiction
- Register or modify out-of-state custody orders
- Represent you in hearings and negotiate long-distance parenting schedules
- Protect your parental rights if the other parent tries to move or block visitation
You can start by contacting a North Carolina family lawyer who understands these issues and can guide you through the process.
Key Takeaways
- North Carolina follows the UCCJEA to decide which state controls custody disputes.
- Jurisdiction usually belongs to the child’s home state.
- Courts prioritize the child’s best interests when arranging long-distance visitation.
- Registering out-of-state orders in North Carolina is crucial for enforcement.
- Working with an attorney early helps you avoid jurisdiction disputes and protect your relationship with your child.
Are you dealing with an interstate custody issue? Don’t face this alone. Our team at Martine Law has experience handling complex custody cases across state lines.