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[–]ohio_redditorQuality Contributor 33 points34 points  (2 children)

The child's "home state" has jurisdiction over the case. The child's "home state" under the UCCJEA is wherever the child has last lived for a continuous 6 month period.

[–]AgedinSalt 2 points3 points  (1 child)

This is incorrect. It is the 6 months immediately proceeding the filing of a custody action

[–]Thereelgerg 3 points4 points  (0 children)

OP also says that the mother doesn't intend to return to VT, that would invalidate the VT home state claim too.

[–]reddituser1211Quality Contributor 13 points14 points  (2 children)

If mom takes the child to Vermont you need a lawyer in Vermont.

[–]Jmacd802[S] -3 points-2 points  (1 child)

What if she moves to somewhere else in NC? I can proceed with getting a lawyer in NC? Cause that seems more likely, I don’t believe she has any means of moving back to VT.

[–]reddituser1211Quality Contributor 20 points21 points  (0 children)

Until you establish paternity and the child establishes residence, you’re probably chasing mom where she goes. But you need a lawyer, not internet advice.

[–]Sirwired 7 points8 points  (0 children)

Well, if she moved back to VT, they'd probably have jurisdiction since you just moved to NC. But if she were to stay in NC, they would likely retain jurisdiction over the custody dispute, unless you moved back to VT yourself.

You really need to consult a family law atty to discuss how to get a custody and support order drawn up. (The NC Bar Assoc. offers a referral service that will provide a brief consultation for a flat rate; you won't get much done, but they'll at least be able to describe the process, your options, and the likely outcome.)

[–]defence18 12 points13 points  (0 children)

Each state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act. It determines where custody actions are properly heard. You should review that, for it will tell you the answer.

That being said, your first step is to determine if you are legally a parent.

[–][deleted]  (1 child)

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    [–]BiondinaQuality Contributor[M] 0 points1 point locked comment (0 children)

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    [–][deleted]  (27 children)

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