Jurisdiction

[3LittleBirds]

Socrates,
I was granted a North Carolina Temporary Custody at the 10 day hearing on the EPO. Since it's a temporary order, I realize I need a permanent order. When will the SC courts exercise jurisdiction over custody? My lawyer wants to wait at least 2 months before filing for permanent custody. At that point, the kids would have been living in SC for 3 months.

Also, as things stand now, we are required to keep taking them to NC schools, which means 500 miles a week and a minimum of 3 hours travel time per day. The 14 year old is begging me to put her in the local high school and the 10 year old is beginning to like the idea. What's the best way to get them into SC schools.

Thanks a lot.

[socrateaser]

>Socrates,
>I was granted a North Carolina Temporary Custody at the 10 day
>hearing on the EPO. Since it's a temporary order, I realize I
>need a permanent order. When will the SC courts exercise
>jurisdiction over custody? My lawyer wants to wait at least 2
>months before filing for permanent custody. At that point, the
>kids would have been living in SC for 3 months.
>
>Also, as things stand now, we are required to keep taking them
>to NC schools, which means 500 miles a week and a minimum of 3
>hours travel time per day. The 14 year old is begging me to
>put her in the local high school and the 10 year old is
>beginning to like the idea. What's the best way to get them
>into SC schools.

I think that your lawyer is being a little silly. 500 miles a week to go to the same school is abusive, frankly, so you should be now looking to file for permanent custody in SC, and asking the NC court to set aside the temporary order.

However, you didn't mention where the other parent lives -- or why you're now living in SC, or the ages of the kids, etc., so it's hard for me to see the whole picture, so I may change my mind.

[3LittleBirds]

Soc:
The kids lived w/ my XW in NC, about 15 minutes from where I live in SC. NC was the marital residence. We separated 3 years ago, and the kids stayed with her. Because of my XW's partying, the kids told me they wanted to live with me. The oldest is 14 and will be 15 in March; the youngest will be 11 in a month. And frankly, the schools they will be going to are better and safer than the schools they're in. And honestly, not taking 3 hours out of a work day, not putting 18,000 miles/yr on my car, and not spending $80/wk for gas would be a blessing.

Should I go ahead and hire a SC lawyer to seek permanent custody or let this drag out in the NC court system? BTW, I have hired a SC social worker (under lawyer's advice) to do a home study. It just seems like it will be such a nightmare if I have to keep going to a NC Court for everything when they are SC residents now.  

Also, as to child support, I was under a voluntary support agreement. Since I've had the kids since mid-October, I did not pay November's CS. Is a hearing necessary to get it cancelled or can I just go to CS Services and show them the custody order? If so, I'd rather spend that $1,500 on a permanent custody order and not on my lawyer getting child support cancelled.

Thanks again Soc.

[socrateaser]

Please number your questions, and don't add facts to the questions. Too hard to decypher in a hurry.

Did the judge make this temporary order knowing that you would be forced to transport the kids 500 miles per week? Or have you moved since the temporary order was originally made?

[3LittleBirds]

The judge ordered it knowing I lived just over the state line in SC; I do not know if she realized it would mean driving 500 miles/wk.

[socrateaser]

>The judge ordered it knowing I lived just over the state line
>in SC; I do not know if she realized it would mean driving 500
>miles/wk.

I would go back and ask for a mod to the temporary orders on grounds that the kids' schooling and mental state is suffering from the unreasonable driving distance. I'd even have the kids come and testify, if they sound mature and informed. I'd also try to get a school counselor from the school where they now attend to testify that the kids would be better served in a school closer to their home.

Something else you could try would be to discuss the fact that you've moved with the school's administration. They may tell you that the kids "can't" continue to attend in NC, and then you could relocate the kids to a new school and not be in contempt, because the situation was no longer within your control.

An order for the kids to continue to attend in NC is binding on you, but it's not necessarily binding on the school system.

[3LittleBirds]

Both schools have already said the kids can't attend since they don't live in NC now; the schools won't/can't change kids address to my SC address - the computer system doesn't even allow it.

Thanks again; I'll see if I can get a mod to the temp order.