Jurisdiction Change to North Carolina

by Anonymous from Raleigh, North Carolina

Jurisdiction Change to North Carolina:
How do I change forum for a FL custody case to NC? I am the primary residential parent and full time caretaker for my 5 year old autistic son.

His father and I have a parenting plan based in Florida, as well as child support/paternity, also in Florida.

My son and I moved to Raleigh, NC area 1.5 yrs ago (his father also moved from FL to NC, but due to domestic violence issue, he and I separated for good, and he moved back to Florida 10 months ago).

I am trying to change venue from FL to NC, as it is a more appropriate forum. To complicate things further, I filed a motion to change something in the parenting plan (just for visitation--to have my father deal with contact with my son's father due to a protection order granted me in NC, and to modify child support to account for son's special needs).

I plan on "revoking" the proposed changes so that there is no pending action on Florida's docket. We've already submitted a motion to NC courts requesting the forum change be initiated. Now what?

Answer to Florida Court Forms Question

Dear Anonymous,

Now you can request that North Carolina enforce the Florida child support order. But, your ex husband is going to have to consent to the change of jurisdiction (not venue) because he continues to live in Florida.

It is obviously more convenient for you to have court hearings in NC if need be, but since he is still in Florida and the child support order was initiated in Florida, it likely remains in Florida, unless he agrees.

However, the fact that you are a victim of domestic violence changes things somewhat, and you may be able to transfer jurisdiction and enforcement to North Carolina because of that circumstance.

Ask the child support enforcement agency in NC; and/or the clerk of the court what to do next.

---

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.

See These Related Florida Court Forms Pages

Back to Top

Back to Ask The Staff

Go to Florida Court Forms Search

Back to Florida Court Forms from Jurisdiction Change to North Carolina

---

Top | Home | Search Site | Site Blog | Legal Resources | Contact Us | Ask the Staff

---