Case Result: Father Maintains Custody After Motion to Dismiss Out-of-State Modification

For a parent, few things are more distressing than the fear of losing time with your children. This anxiety is often amplified when an ex-spouse moves to another state and then attempts to change a custody order from afar. Our firm recently represented a father in Forsyth County who faced this exact challenge. This case underscores the crucial importance of understanding legal jurisdiction in interstate custody disputes and how a strategic legal motion can effectively protect a parent’s rights.

The Challenge: An Out-of-State Motion to Modify Custody and Visitation

Our client, a dedicated father of two, had an established child custody order in North Carolina. His ex-wife subsequently moved out of state. Sometime after her move, she filed a “Motion to Modify Child Custody” with the court, seeking to drastically change the existing arrangement and effectively take away the father’s visitation rights. The father was understandably concerned that a court battle in another state could put him at a disadvantage and jeopardize the strong relationship he had with his children.

These situations are legally complex due to a set of laws known as the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which North Carolina has adopted. This act, detailed in the official state statutes, establishes clear rules about which state has the authority—or “jurisdiction”—to make and modify custody orders. The central goal is to prevent parents from “forum shopping” for a more favorable court in another state.

Our Strategy: Asserting North Carolina’s Jurisdiction with a Motion to Dismiss

Upon reviewing the case, our family law attorney recognized that the most effective strategy was not to fight the modification request on its merits immediately, but first to challenge the very foundation of the ex-wife’s motion. We argued that North Carolina, not her new state, was the proper jurisdiction to hear any matters related to the children.

Our defense was built on a key legal action: filing a Motion to Dismiss. This motion presented a powerful argument to the court, asserting that:

• North Carolina was the Child’s “Home State”: Under the UCCJEA, jurisdiction is typically established in the child’s “home state,” where they have lived for at least six months before a legal action. We presented evidence that the children’s lives, school, and community ties were firmly established in Forsyth County.
• The Court Retained Exclusive, Continuing Jurisdiction: We argued that since the original custody order was issued in North Carolina and the father continued to reside here, the state retained exclusive jurisdiction. The ex-wife could not unilaterally move the case to another state simply because she had relocated.

Understanding the complex process of modifying a child custody order is crucial, and our attorney was prepared to demonstrate that the opposing party had not followed the correct legal procedure for an interstate case.

The Outcome: Motion Granted, Father’s Custody and Visitation Secured

During the trial at the Forsyth County Hall of Justice in Winston-Salem, our attorney successfully argued the Motion to Dismiss. The judge agreed that North Carolina was the proper jurisdiction and that the ex-wife’s attempt to modify the order from another state was improper.

The judge granted our motion, dismissing the ex-wife’s case in its entirety. This was a complete victory for our client. The original custody order remains in full force, and the father was able to maintain the established custody and visitation schedule with his two children. His parental rights were protected, and the attempt to remove him from his children’s lives was stopped before it could gain traction.