My ex and I have both resided in Wake County for several years. The child support order was put in place in Wake county two years ago. The custody order was put in place in Orange county a few years ago as we lived there and originally filed there for divorce, etc. I want to file a motion to show cause for a custody order violation, and also start the process to make modifications to the order. In visiting the Wake County family courts office the assistant stated I needed to do a change of venue from Orange to Wake. Once that was done I would have a file number and an assigned Judge in Wake County. Is this a difficult process that would require multiple visits to Orange County or is this relatively straightforward? I received a copy of the form where I can make a Motion to “change venue” There are three parts including “The undersigned hereby moves this court to:”, “The undersigned hereby states that the grounds for making this motion include:”, and “The undersigned hereby requests the following relief:”. For the first part I’d assume I’d state something to the effect of changing venue from Orange to Wake in with regards to our custody order. For the second part, “that both parties have been residence of Wake county for more than 6 months”, and for the 3rd part is that just a repeat of what I am asking for in the first part? Does this form have to be hand delievered to the Orange County Court or can it be Fed-Exed?
Thank you.
hello i was wondering if you have found out any information about this?
In order to change venue, you have to file a motion to change venue which asks the court to change the case from one county to another. It cannot be done without a court order. Feel free to post a specific question if you would like more information on this topic.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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