Jurisdiction Change to North Carolina

by Anonymous from Raleigh, 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.

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Motion for Change of Venue
by: Anonymous

I live in Charlotte, NC and the father of my child lives in Burlington, NC we have an order in place that he secretly filed before paternity was established while visiting with the child on a weekend 5yrs ago.

I want the jurisdiction changed to Charlotte,NC because that is where the child and I reside and she (the child) has never resided in the county (Alamance) where the jurisdiction is held. I am recently married and my husband lives in Los Angeles and I would like to move there with him but cannot because I would be held in contempt and possibly facing kidnapping charges due to the current order.

I want to move the jurisdiction because Alamance county hears a family court case once a month and in order to expedite the process of changing the order so that I may move to California with my husband I need it in a venue that is in the jurisdiction of where the child resides and one that hears family court cases more frequently.

I suggest you speak with an Alamance county family law attorney. You can use the attorney referral service we recommend above. --Staff

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