Transfer a North Carolina Custody Order to Florida

by Dadoftwo from Jacksonville Beach, Florida, Duval County

How do I get a NC permanent custody order registered or transferred to the state of Florida? I am the father of 2 minor children. I won permanent custody of both children in the state of NC in 2008. We moved to Florida 6 1/2 months ago.

My NC attorney says I need to get the custody order "registered", or transferred, to the state of Florida since we are now permanent residents.

I do not necessarily want to hire a lawyer to accomplish this. What should I do?

Answer to Florida Child Custody Question

Dear Dadoftwo,

I'm not exactly sure why you need to transfer or register the child custody order in Florida; and there may be more facts or circumstances that would make it necessary.

An out of state child support or custody order is perfectly good, and I don't believe it needs to be transferred or registered until it needs to be modified or enforced.

Interstate child support and custody orders are governed by federal law, specifically the Uniform Interstate Family Support Act, (UIFSA).

An informative discussion on that law can be found at SupportGuidelines.com

If you need to have the custody/visitation order modified, my understanding is that the home state of the children has jurisdiction, so in this case Florida. And in that case the order would need to be registered in Florida.

But, assuming your ex wife is in North Carolina and you need to have the child support modified, the jurisdiction remains in North Carolina, unless she agrees to transfer the case to Florida -- unlikely since it would be very inconvenient for her.

For further assistance, contact the Florida Department of Revenue, and ask them if it is necessary to transfer or register the order here.

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