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.