One of my husband’s children’s mother filed for custody in Cabarrus County. Her and the child live in Mecklenburg County. My husband and I live in Forsyth county. The original court date was Dec 14. We were unable to attend due to several reasons. We received paperwork saying they continued the case to Jan 4. We really won’t be able to attend that court date either. Is there anything we can do right now to get the case continued to a later date so we can get a lawyer and also moved to the county where the child actually resides?
He will need to attend or hire a lawyer. If he does not attend, the judge could have a hearing and rule in the mother’s favor since the father was not present, assuming he was properly served with the action and noticed for the court date.
Since neither party resides in Cabarrus County, you can file a motion to change venue to either Mecklenburg County or Forsyth County.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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