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Prism Family Law Firm

Formerly Hunter & Hein, Attorneys at Law, PLLC

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Charlotte Family LAW, Divorce, AND CHILD CUSTODY LAWYER

(704) 412-1442

Family Matters.

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  • (704) 412-1442

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  • Disclaimer
  • Family Law
    • Prenuptial Agreements
    • Postnuptial Agreements
    • Domestic Violence
    • Enforcing Agreements and Orders
    • Paternity and Legitimation
    • Same Sex Couples
    • Agreements
    • Guardianship and Incompetency
  • Divorce
    • Separation Agreements
    • Alimony
    • Marital Misconduct
    • Equitable Distribution
    • Alienation of Affections
    • Divorce From Bed and Board
  • Child Custody
    • Child Support
  • Estate Planning
    • Wills
    • Living Wills
    • Trusts
    • Medical Powers of Attorney
    • General Powers of Attorney
  • Expungement/Expunction
  • Firm Overview
Prism Family Law Firm

Formerly Hunter & Hein, Attorneys at Law, PLLC

Home

Charlotte Family LAW, Divorce, AND CHILD CUSTODY LAWYER

(704) 412-1442

Family Matters.

Contact
Prism Family Law Firm
Charlotte Mecklenburg Lawyers, Registration and Enforcement of Out of State and Foreign Court Orders

Charlotte custody and support lawyer, Out of state order registration

Our Charlotte based child custody and support lawyers are well versed on the procedures involved in registering, enforcing, and modifying foreign orders.  NC Law considers any child custody or child support order that was entered in a state other than NC to be a "foreign" order.  Prior to enforcing or possibly modifying an out of state child support order, North Carolina law requires that the order must first be "registered" in North Carolina.  NC law does not similarly specifically require registration of foreign child custody orders, but in practice, we have seen judges require the extra step prior to enforcement or modification.  Registration can be a relatively easy process assuming all statutorily dictated steps are followed.  Things get tricky when jurisdiction becomes an issue after one or more parties to a child custody or child support order moves from one state to another.  The biggest questions become, how is the out of state (foreign) order enforced in the new state, and which state (the original state or the new state) has jurisdiction and power over the parties moving forward to modify and change the order?  These questions often involve a complex legal analysis and may lead to cross state battles.  It is important to seek legal counsel to ensure that you are following the proper steps regarding the enforcement and possible modification of your foreign order.

To speak with a Charlotte child custody and support attorney regarding an out of state order, call Prism today at (704) 412-1442. Family Matters.

registering Out of state CHild Custody Orders, Charlotte mecklenburg lawyer

Child custody issues stretching across state lines are typically resolved through the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), which has been adopted by every state in the United States.  Per the UCCJEA, a state that originally creates a child custody order (the issuing state) has exclusive and continuing jurisdiction over other states until jurisdiction is transferred and another court accepts jurisdiction, or until the issuing state relinquishes jurisdiction.  This does not happen automatically when one party to a child custody matter moves, and can often involve intense legal battles across state lines.     ​

Assuming one party now lives in North Carolina, foreign orders are enforceable and may be modifiable in NC depending on a number of additional factors including the location of all parties and the specific facts surrounding the custody case.  Interstate child custody modification cases often involve a complex analysis of the UCCJEA statutes regarding jurisdiction.  For more on jurisdiction, view Prism's blog "Does NC Have Jurisdiction Over my Custody Case?"  

In practice, and although not specifically required by statute, we have found some judges prefer that foreign orders be "registered" through NC courts prior to taking any sort of action to enforcing or modifying the order.  Registration involves filing for registration, notice, service, and confirmation of the foreign order.

Prism's Charlotte Mecklenburg child custody lawyer has experience with out of state custody orders and can help. Call  (704) 412-1442 to speak to an attorney today.

registering out of state child support orders, Mecklenburg Attorney

When it comes to modifying support orders, a bit of a different analysis is involved.  Rather than following the UCCJEA, NC has specific statutes set aside addressing the modification of foreign child support orders, called the Uniform Interstate Family Support Act (UIFSA), which has been adopted by almost every state in the country.  These statutes relate in part to the state of residence of the obligor (the person responsible for paying child support), the obligee (the person receiving child support), and the child(ren) involved, and carves out several situations in which a foreign order may be modified in the state of North Carolina.

UIFSA specifically requires that a foreign child support order be registered in North Carolina prior to enforcement or modification.  Assuming one party now lives in North Carolina, support orders may be enforceable through NC courts assuming proper steps are followed regarding registration, notice, service, and confirmation of the foreign order.  Once fully registered, and assuming that North Carolina can exercise personal jurisdiction over the non-resident party, a child support order will be enforceable through the contempt powers of NC courts, and may possibly be modifiable depending on a number of additional factors. 

Prism CAN HELP.

Prism's Charlotte Family Lawyer can help register, enforce, and modify your out of state custody and/or support agreement in NC.

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Contact Info

  • PRISM FAMILY LAW FIRM
    10130 Mallard Creek Rd., Suite 319
    Charlotte, NC 28262

  • (704) 412-1442 (phone)

  • (866) 779-2724 (fax)

  • contact@prismfamilylawfirm.com

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Prism Family Law Firm
Prism Family Law Firm
Prism Family Law Firm

Child Custody & Support links:

NC UCCJEA Statutes, Custody Jurisdiction

NC Child Custody and Child Support Statutes
Blog: Does NC Have Jurisdiction Over My Custody Case?
​Tips for Parents Dealing with Break-Up and Divorce
Separation Agreements
NC Child Support Guidelines
​NC Child Support Calculator
Blog: Tug of War with a Fragile Rope
Blog: Enforce or Modify Out-of-State Custody Orders

Need help registering or modifying an existing out of state child custody and/or child support order?  Call Prism today to speak with a Charlotte child custody and support lawyer.  Family Matters.  (704) 412-1442.

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View Prism's family blog here

CFCR in Child Custody Disputes

2/27/2018, 10:47:12 PM

Council for Children’s Rights (CFCR) is a non-profit child advocacy group that in part, represents the interests of minor children in certain child custody disputes in Mecklenburg county, NC.

One of our Charlotte based child custody lawyer...

Separation Agreements in North Carolina, Things to Keep in Mind

10/19/2017, 11:42:37 PM

Separation agreements are complex documents. It is important to seek legal consultation in your area when involved in the drafting or negotiation of a separation agreement. One of our divorce lawyers recently listed

Relocation, Child Custody, North Carolina

9/25/2017, 11:47:19 PM

Child custody cases are often hard fought battles. Add a potential long-distance move to the mix and a complex scenario becomes further complicated. In North Carolina, Relocation cases must be decided by the same “best interests of the

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