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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33794
Experience:  Attorney with 15 years experience
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If someone is divorced in north carolina and now lives in

Customer Question

if someone is divorced in north carolina and now lives in massachusetts and the ex spouse lives in Rhode Island how does one go about seeking a child support modification and visitation update? Massachusetts and Rhode Island courts said they can't help and the mother is keeping the father from seeing his child and his income is significantly less from the original agreement.
Submitted: 3 months ago.
Category: Family Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Was the original custody and support order entered in NC?

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thanks

Barrister

Customer: replied 3 months ago.
at the time both were living in North Carolina, as the husband was in the military at the time.
Expert:  Barrister replied 3 months ago.

Ok, then NC retains "exclusive and continuing jurisdiction" over the case indefinitely unless the case is transferred to a new jurisdiction. So the recourse here is to file a motion to transfer jurisdiction with the original NC court to transfer it to the father's state or terminate it entirely. Then father would file a new motion in his state to determine custody and support.

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Once NC has agreed to transfer or terminate jurisdiction, then another state can assume it and would then be able to make all decisions regarding custody and support from then on.

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thanks

Barrister

Customer: replied 3 months ago.
okay, he understands that and he has gone to court up here several times and they keep telling him he doesn't have the proper info and they can't see the case. Is there a form he files at the court? She lives in Rhode Island now, does that matter? Does he have to file the form in North Carolina?
Expert:  Barrister replied 3 months ago.

he understands that and he has gone to court up here several times and they keep telling him he doesn't have the proper info and they can't see the case.

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If you are talking about Mass, then they have no legal standing to hear anything about the case because NC still has jurisdiction. That is what I meant about "exclusive and continuing jurisdiction". NC retains it forever unless someone files formal motions to transfer it.

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And this isn't a "fill in the form" kind of thing.. He will have to draft and file a formal motion in NC in the court that originally heard the case asking it to give up jurisdiction and explaining why it should do so. And he will have to go to NC to do so.

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With that said, it would make things infinitely easier if he hired a local NC family law attorney to assist with the motion and getting it heard. I don't have any doubt that NC will agree, it just needs to be properly filed...

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And if he files first before she does, then he gets to determine the jurisdiction. If she files first to transfer, then she can fix it in RI and he would have to go there for anything he wanted done.

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So the sooner he files in NC and then in MA, the sooner he can get jurisdiction in his state so he can force her to come there instead of going to NC or RI to have anything resolved.

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thanks

Barrister

Customer: replied 3 months ago.
Okay, understood. Your help was excellent and I assumed he needed to hire a North Carolina attorney. I would not hesitate to reach out to you again. If you have suggestions for affordable attorneys in NC, please advise.Thanks again.
Expert:  Barrister replied 3 months ago.

You are very welcome. Happy to help any time..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Barrister

Expert:  Barrister replied 3 months ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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They screen their attorneys based on geographic location, area of practice, time in practice,cost and customer reviews.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting"For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Expert:  Barrister replied 3 months ago.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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