When is a Child Custody Order considered not effective?

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A Child Custody Order is considered not effective when it is issued by a judge from another state because the jurisdictional principle known as "full faith and credit" applies to custody orders. This means that for a custody order to be enforceable in a state, it must be issued by a court that has proper jurisdiction over the case. If a judge from another state issues a custody order, it may not be recognized or considered valid in North Carolina unless certain conditions are met, such as complying with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Consequently, the lack of jurisdiction affects the order's enforceability within North Carolina.

In contrast, a custody order issued by a judge within North Carolina is valid as long as it follows proper legal procedures, which means it is enforceable within the state. Filing the order with the court is a necessary procedural step to ensure that it is part of the legal record, but it does not render the order ineffective by itself. Finally, while a missing date could raise questions about the order's validity or enforceability, it does not, in itself, indicate that the order is categorically not effective. Overall, jurisdiction is key in determining the effectiveness of custody orders across state lines.

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