Nabors v. Farrell

HILL, Judge.

The Guilford County court should have dismissed Wife’s action for lack of jurisdiction. G.S. 50A-6(a) provides that:

If at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with this Chapter, a court of this State shall not exercise its jurisdiction under this Chapter, unless the proceeding is stayed by the court of the other state . . .. (Emphasis added.)

Clearly, at the time Wife filed her action in Guilford County seeking modification of the original custody…