North carolina alimony laws
Sometimes a child does not have a home state because the family has moved around too much. north carolina alimony laws Divorce washington state. Then the determination of state jurisdiction may be resolved by the second kind of jurisdiction: which state has the most significant connections with the child and the family and in which there is available substantial evidence concerning the child custody dispute. When both states have significant connections with the child, but neither is a home state, an "inconvenient forum" analysis is conducted to determine which state is the more convenient forum. The courts may have to communicate directly with each other to decide the jurisdiction issue. north carolina alimony laws Do it yourself divorce papers free. The result is that one state declines jurisdiction so that the other may go forward with the case. EMERGENCY JURISDICTION. Emergency jurisdiction can occur when a child is present in a state which is neither the child's home state nor a state to which the child has significant connections, but the child has either been abandoned or needs to be protected from abuse or the danger of mistreatment. north carolina alimony laws California divorce record. This type of jurisdiction usually occurs because the county social survives department gets involved with a family that has just moved into the state, and the parents are separated with the other parent living in a different state, or a parent has just moved into the state with the child and claims that the other parent (usually left back in the home state) is abusive to the child. Because emergency jurisdiction often interferes with home state jurisdiction, and therefore can be abused by a parent willing to make false claims about the stay-at-home parent, the courts generally treat emergency jurisdiction as temporary jurisdiction and allow the home state to assume jurisdiction if the stay-at-home parent starts a proceeding in the home state. JURISDICTION BY DEFAULT. Jurisdiction by default occurs when no other state is assuming jurisdiction and it is in the best interests of the child that a custody determination needs to be made. This might occur when the child has neither a home state nor state with significant connections, but there is no emergency. Then the state in which the child is living may assume jurisdiction by default. CONTINUING JURISDICTION. Continuing jurisdiction is available to the state which issued the last custody order as long as that state continues to have a basis for jurisdiction under its own laws and either the child or one of the contestants lives in the state. If both parents and the child have moved out of the state, then a new state will assume jurisdiction based on one of the above rules. PKPA/UCCJA Analysis: A child custody determination made by a court of a state is consistent with the provisions of the PKPA only if - (1) such court has jurisdiction under the law of such state; and (2) one of the five jurisdictional conditions of the PKPA is met. Therefore the first step in a PKPA/UCCJA analysis is to see if the court can have jurisdictional under state law. The relevant state law is the UCCJA as adopted in that state and the case law which applies the UCCJA.
North carolina alimony laws
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