In Re M.B

In In re M.B., 179 N.C. App. 572, 635 S.E.2d 8 (2006), North Carolina was not the child's home state when the trial court entered a nonsecure custody order. Id. at 572, 635 S.E.2d at 9. The child had moved to North Carolina on 28 March 2005. Id. The trial court adjudicated the child neglected on 17 June 2005. Id. at 573, 635 S.E.2d at 9. On 10 October 2005, the trial court entered an order finding that no custody order had been entered or was pending in any other state and that the child and her parents had, by that time, lived in North Carolina for six months. Id. at 576, 635 S.E.2d at 11. The Court held that the trial court had jurisdiction to enter the initial custody orders, on 22 April 2005 and in May 2005, based on N.C. Gen. Stat. 50A-204 emergency jurisdiction. M.B., 179 N.C. App. at 576, 635 S.E.2d at 11. With respect to the adjudication order, the Court held that "any issue of temporary jurisdiction is now moot" because M.B. and her parents had been physically present in North Carolina for more than six months, and no custody order had been entered and no custody proceeding was pending in any other state. Id. The Court held further: "Thus, North Carolina is now the home state under the UCCJEA . . ., and as such, North Carolina courts have jurisdiction to determine child custody." Id. The Court concluded: "After M.B., M.B.'s mother, and respondent father had remained in North Carolina for more than six months, and when no custody orders were entered in any other state, North Carolina became the home state wherein the trial court had jurisdiction under the UCCJEA to enter orders adjudicating M.B. neglected." Id.