Filing For Divorce In North Carolina
North Carolina Divorce Lawyers absolute support of the Custody Judgement
ROBERT E. Johnson v. Elizabeth J. JOHNSON
COURT OF APPEALS OF NORTH CAROLINE
May 24, 1972, presented
The plaintiff instituted this action for divorce September 4, 1970 Judgement and the granting of absolute divorce was entered 23 November 1970. The complaint states the name and age of two minor children of the marriage, as required by GS 50-8, but there was no request for medical care or for other in relation to children.
The children are not mentioned in the Law of Divorce Lawyers Family "divorce." The accused September 17, 1971 filed a motion asking the cause of custody and support of two minor children. Applicant's motion to dismiss for two reasons: (1) children currently residing in the State of South Carolina and the court has no jurisdiction ratione materiae, and (2), the court has acquired jurisdiction over children in the process of divorce, because there is no custody order or other order concerning the children was enrolled in the registry. The applicant may request the court on two grounds relied on
Father named defendant appealed.
Questions:
- That the trial court erred in finding that it lacked jurisdiction in the case care?
- The jurisdiction in which divorce is sought to maintain the jurisdiction of the custody and child support marriage, where there are no questions custody or support is raised or determined before the final divorce decree?
Discussion:
1) The court of first erred in finding that the request was not competent to carry out the custody case?
Under GS 50-13.5 (c) (1), the Court had jurisdiction to determine the issue of support, such action is in personam in nature. Under subsection (2) (B) and (3) the Court even had jurisdiction to enter an order granting custodial parents of children who are subject to the competent court. That there is full authority to enforce any order made in relation with the title = "For prosecutors in North Carolina Alamance County guard" guard "or support. GS 50-13.3, GS 50-13.4. The Court concludes, therefore, that the trial court erred in finding that it lacked jurisdiction to precede the ground that the children were not in the state.
2) The jurisdiction in which divorce is sought to maintain the jurisdiction of the custody and child support of marriage, none of the issues of custody or support arise before or determined, the final decree of divorce?
The Court ruled that a divorce action is pending to determine custody and support to death of one party or the minor child born of the marriage reaches the age of maturity, which should happen first. We see nothing in the provisions of GS 50-13.5, that would modify the above rule and give a court jurisdiction to determine custody or support in any action which entered a decree of divorce without these issues being determined. Providing an alternative for determining the custody and support when a final divorce decree was entered was probably intended to eliminate the requirement often at inappropriate times of parents living in another county back to the county where the divorce was to have custody and maintenance of minor children initially identified. This does not, a parent to do so, however, if the parent wants. Therefore, this Court held that the trial court had jurisdiction to entertain the appropriate request the defendant.
Conclusion:
The court reversed a decision to dismiss Father of the laws of motion "Custody" and support their children.
Warning:
These summaries are required by law SIRS group. They represent the views official signing of the opinions of the judges. "The original opinion should be consulted on the contents of reference
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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