Naputi v. Naputi

VAUGHN, Chief Judge.

The critical issue on appeal is this: Did North Carolina have subject matter jurisdiction to modify the Texas divorce decree and award plaintiff custody of his daughter? We hold that North Carolina did not have jurisdiction, and the order issued by the trial court is therefore void.

North Carolina has adopted the Uniform Child Custody Jurisdiction Act [hereinafter “UCCJA”] as Chapter 50A of the General Statutes. G.S. 50A-14(a), entitled “Modification of custody decree of another state,” governs the jurisdictional issue at bar. It sets out the following jurisdictional…