Changing Jurisdiction

If you want to modify custody or child support you will have to get it transferred to NC. NC can not modify an order from another state. You became a resident of NC after 6 months. If you are not modifying the original order there’s not really a need to move it to NC. If you are then you should transfer it to the county that the children live in now.
I’m not certain how to change jurisdiction, some of the others may know…
The divorce is legal and does not need to be filed in NC since it is already complete.

When the children have lived here for six months North Carolina can assume jurisdiction. You must first make a motion in the court that currently has jurisdiction and ask them to decline to exercise their jurisdiction, once you have done that, you would then commence an action in North Carolina.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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I have Divorce and Child Support order from MD. I want to change jurisdiction to NC ASAP as I have lived here with the children for 4 years now. I have sole custody of the children. I am getting conflicting information as to whether time is enough or not. Some people say 6 months is enough, then I am told that as long as the fahter still lives in the home state it will stay there.
I am in urgent need to find out as I believe I need a lawyer again and trying to determin if I can get one here or have to continue up there.

thank you