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AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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2 state jurisdiction/military divorce question: -My husband,

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2 state jurisdiction/military divorce question:
-My husband, our biological 10.5 month old baby, my 13 yo daughter from a prior, and I all live in NC.
-My husband, my daughter, and I moved here from our home state, Iowa. He and I both grew up in Iowa; both of our families are there. We had our biological child in NC.
-We intended to move back to Iowa from NC once he was out of the military; he has reenlisted since then.
-My husband has anger issues amongst other things.
***If I take my kids back home to Iowa and file a Protective Order there, could my husband take steps in NC, requiring me to have to return to NC with my baby, (citing NC jurisdiction and home state/uniform child custody act/etc)? Or would Iowa have jurisdiction then? terrified, with his past and anger issues, that he have any sort of alone time with the baby.
***NC lawyer says stay and file in NC and ask judge to leave in temp custody order
***IA lawyers says come home to Iowa and file Protective Order.
What is your opinion? Please let me know what state you're licensed in.

AttyCBradford :

In Iowa, a court would have jurisdiction to make determinations regarding your minor child only after you have been living in Iowa with the minor child for six (6) months under the UCCJEA (uniform child custody and jurisdiction enforcement act). Otherwise, you are right about your concern, he could move for the case to be sent back to North Carolina.

AttyCBradford :

However, if you just need a protective order or a restraining order you could file for that in Iowa, but they may not be able to decide custody.

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

Customer: 1) Im confused why Iowa lawyers are telling me to file back home in Iowa then? They must feel they have a good case for getting jurisdiction....correct? I own my home there still and my husband files his state taxes there, if that makes a difference.
Customer: 2) If I file in NC for Temp Custody and a Protective Order here, how likely is it, (especially if my husband objects), that NC courts would let me go back home to Iowa where both our families are? Does it make a difference he is military? And if he doesn't care, could he "sign" jurisdiction "over to" Iowa, if he came to his senses?
Customer: -thanks for the chat option! That's nice! It makes me feel like you're willing to communicate. It seems the standard here is sometimes, "I gave your question two seconds, answered it, now pay me," type with other experts. You must understand this is my family Im talking about and we aren't just some "case."
AttyCBradford :

Well if you are filing taxes and own a home in Iowa then you may have a better grounds for getting jurisdiction in that courthouse.

AttyCBradford :

If you file for a PO in iowa and its granted odds are that the court will maintain jurisdiction in that court since there is an order in place. He cannot sign over jurisdiction but if he doesn't contest it then it would stay in Iowa

AttyCBradford :

Best of luck :)

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