How Long Can A State Retain Jurisdiction?

[MrsD]

originally divorced in new york. n.y. allowed my child and i to relocate to north carolina. that was 7 years ago. ex has always filed petitions for bogus allegations making me travel up to ny for court. haven't been to court up there in 4 years. ny said it was going to retain jurisdiction. child is 9 now and has lived in nc for 7 years. how can new york state retain jurisdiction? how can they know what the best interest of the child is? can i just file for modification of visitation in north carolina? the child doesn't want to visit for a month in the summer, at this age wouldn't a judge consider talking to her? she has told me to hire a lawyer for her. is that an option? at one time we had a temporary order in north carolina stating that i had always had custody and would continue to have custody of my child pending further order of a north carolina court. i would just like to know if i can have court proceedings in north carolina? judges in ny wouldn't look at any psychological evaluations from north carolina. child has been emotionally and mentally abused. and is starting to refuse to go on a month long visit. also my ex never makes the visitation arrangements, he has his wife call me to discuss it. can i request that he get on the phone and make the arrangements? for the past 7 years i have been basically forcing our child to go on visits with her biological. the child is at the point where she no longer can be coaxed into visits anymore. also can someone tell me who the best lawyer for this type of thing in western north carolina would be? i have seen quite a few different ones and get different answers from each one.

 

[LegalBeagle]

You need to sort out your post. There are way to many questions. You state NY has jusridiction but then say that there are orders from NC ?

 

[MrsD]

To LeagleBeagle

Thanks for taking a look at my question. sorry it was so long. but however there was a court order from new york stating that they were going to retain jurisdiction with no time limit either. after that however my ex came to nc and tried to take the child away with a ny temporary order granting him custody. north carolina then intervened and entered an order stating i had and would continue to have custody pending further order of a nc court. so that is where my question of jurisdiction comes into play. any insight would be appreciated. thanks

 

[LegalBeagle]

Re: To LeagleBeagle

Thanks for taking a look at my question. sorry it was so long. but however there was a court order from new york stating that they were going to retain jurisdiction with no time limit either. after that however my ex came to nc and tried to take the child away with a ny temporary order granting him custody. north carolina then intervened and entered an order stating i had and would continue to have custody pending further order of a nc court. so that is where my question of jurisdiction comes into play. any insight would be appreciated. thanks

Well, the best thing to do is to file something and ask NC to take jurisdiction. NC will then confer with NY and they will decide who takes or retains jurisdiction. Generally, NY should give up jurisdiction in your case.