Change of Venue


#1

My ex and I are close to settling out of court on his motion to modify custody due to my move to FL.

I have a question about change of venue.

I am a bit worried about my second daughter and how the extended visits will go. She has been diagnosed with anxiety disorder and separation anxiety disorder (now 9-years-old).

Further, I am a bit afraid that my ex will file contempt motions just to harass me (already has).

Since the girls and I have been in FL for six months now, is it a pretty sure thing that I would get a change of venue if anything else is filed or I need to file and requested the change?

  1. If my daughter starts having problems with the visits, I would want to have her doctors testify and they are all here in FL now.

  2. If my ex had to come to FL to file a contempt motion, his enthusiasm might be a bit dampened.


#2

Once a custody order is entered in one state, that state has what is called exclusive jurisdiction. This means that North Carolina will have jurisdiction over the case until:
1.) An NC court determines that neither the child, the child’s parents, or any person action as a parent does not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child’s care, protection, training and personal relationships. Or
2.) An NC court, or a court of another state determine that the child and the child’s parents do not presently reside within this state.
Since your ex still lives here, under the Uniform Child-Custody Jurisdiction and Enforcement Act (quoted above) North Carolina may decide not to relinquish jurisdiction to a Florida court. You do have an argument regarding the second prong of the first statement regarding the evidence related to the children , but North Carolina must agree to release jurisdiction before a Florida court could be used to modify the order or otherwise.


#3

Is it particularly difficult to get NC to agree to relinquish?


#4

It is done on a case by case basis. I believe you have a decent argument.