Generally, in order to get jurisdiction transferred it only requires a conference between the judge in each state. You do need to file a motion to transfer jurisdiction in the North Carolina Courts and you will need to file an action in Indiana. The two judges will then have a phone conference and decide which state has jurisdiction. If the children live in Indiana and have lived there for the last six months, then Indiana is the proper state to have jurisdiction. The law that governs this is the UCCJEA. You will probably need an attorney in North Carolina and an attorney in Indiana to get this accomplished without a lot of difficulty.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.