In re N.B., 240 N.C. App. 353 (2015)

  • Selected Timeline:
    • March 2006, child protective petition filed in New York. Sometime afterwards, court adjudicated children neglected and ordered custody to the father
    • March 2010, father and children move to North Carolina
    • August 2010, NY exercised jurisdiction in a custody hearing and found no parties resided in NY and relinquished jurisdiction to NC
    • October 2010, NY Court enters order “relinquishing jurisdiction to the State of NC”
    • February 2013, A/N/D petition filed in NC
    • July 2013, children adjudicated neglected and dependent and placed with paternal grandparents
  • Pursuant to G.S. 50A-102(7), NC is the children’s “home state” as they have resided in NC with their father since March 2010.
  • Pursuant to G.S. 50A-203, NC had jurisdiction to modify the NY custody order since a NY order relinquished its jurisdiction and “the original decree State is the sole determinant of whether jurisdiction continues.”
  • Although respondent mother argued that the NY order relinquishing jurisdiction did not contain required findings under NY law, the UCCJEA does not require a NC court to collaterally review a facially valid order from the original decree state before exercising jurisdiction pursuant to G.S. 50A-203.


Subject Matter Jurisdiction
Modification Jurisdiction
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