QUESTION
How do you transfer divorce and child custody from one state to another?
Asked on Apr 10th, 2015 on Child Custody - Oklahoma
More details to this question:
My husband was granted a divorce in 2011 and was awarded sole custody of his 3 minor children in 2012. We were told by his Oklahoma attorney that because he was a resident of North Carolina for more than 6 months, it would be better to transfer all records/case to the state of NC and I was wondering if this was true.
2 ANSWERS
Under the UCCJEA and UIFSA, the better route is to file in NC. There may need to be some filing or hearing in Oklahoma, though, particularly if non-custodial parent is still there. So, he may need counsel in both Oklahoma and North Carolina.
Answered on Apr 13th, 2015 at 3:35 AM
If he and the children now reside in North Carolina, and have been there for the most recent six months or longer, then yes, registering the orders in NC is the better route.
Answered on Apr 10th, 2015 at 5:28 PM