Initial Determination

While there can be very complex jurisdictional issues in a child custody case and the details of every case should be discussed with an attorney, generally, an initial child custody determination is made by a court of this state when North Carolina is the “home state” of the child when the party files the claim for custody. “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent, or any of the persons mentioned.