Custody Modification

If you have lived in Wake County since 2004 and have lived in Wake County continuously since then, then jurisdiction should be here in Wake County. You can file a motion to decline jurisdiction and ask for the case to be transferred here.

I cannot tell you what would happen in VA, as I am not licensed to practice there.

Moving alone does not cause instability. The court will consider all the facts relevant to your case; the functioning of your children, your ability to care for the children, your ex’s stability, the involvement each of you has had with the children. If your Husband has only been minimally involved with the children, the court is unlikely to take the children away from you. This opinion is based only on the facts you have posted.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I have had sole custody of my 2 sons since 2002. When I left the marital home in 2001, it was under domestic violence, which the military did find reasonable cause that my then husband had hurt not only myself, but the two kids as well (they were toddlers then). My now exhusband has since remarried (2004) and has a child with his wife (baby conceived and born before the divorce was final) as well as I have another child. I left the marital home and moved to FL to live with my mother. I moved to NC in 2003 and have lived here ever since. In 2004 I moved to Wake County. I moved twice in 2007. I moved the first of 07 but the children had a very difficult time with it - school and daycare both reported the children acting out. I moved my family out of that situation immediately (8-07) and the children have stabilized. The notice to amend states “mothers instability”. The father has moved 1 since the divorce, also in 2007. The children are both boys, elementary school age, and one has stated a desire to live with dad for 1 school year, which I emailed dad about in Dec/Jan of this year. Being as how I have been the primary caretaker for the entire life of these children, as well as their father has been semi-involved in their lives (other than twice, we have worked out additional visitation for him to see the kids), do I stand a chance of loosing my kids? The case is to be heard in VA (they were the original state for custody) although we were divorced here in NC. Do I have grounds to have the case here? The youngest child suffers from a mental illness and the father is refusing to give medication because he doesnt feel the child needs it. Psychiatrist has documented his refual. All the kids doctors/teachers/friends, etc live here. It would be next to impossible to get them to VA to testify. How do I go about moving the case here? I really do not have 200.00 to talk to a lawyer right now. Thank you.