Filing for Change of Venue


#1

How do I go about filing for change of venue? Long story short, when I left my stbx, my son and I moved to FL to be by family. At our first custody hearing, stbx told the judge that he was wanting to move to FL also to be closer to our son. The judge said that if he did, that was fine, and that he would want FL to take jurisdiction of the case.

Well, now stbx is moving to FL…he said he’ll be arriving today.

I called the courthouse here in FL, and they said that the NC judge had to order the change…so I called NC. Judge’s clerk said that I had to file for change of venue here in FL. So, I called the courthouse in FL again, and they said that NO, I had to file in NC. Called NC again, and someone different said that I have to drive back up to NC to file, then both stbx and I have to drive BACK up again for a hearing, in order to get venue changed.

Why does it have to be so frickin’ complicated getting venue changed when the judge already said what he would order? Is there an easier way to do this? Are there self-serve papers that I can fill out and somehow get to NC? Or do I seriously have to spend $500 in gas money driving back and forth for this? Would it be easier to have an attorney file the papers and show on my behalf? Would an attorney be willing to do just those couple of things?

HELP!


#2

North Carolina will have to release jurisdiction to Florida, after a hearing which allows the court to see evidence that you all live in Florida now. I would suggest you do contact an attorney to handle this issue for you to ensure the process is as streamlined as possible. If you hire an attorney you will likely not have to appear in court here in NC.


#3

Stbx would like for us to “work together” to get the jurisdiction changed to FL…would the court accept notarized letters from each of us, confirming that we each live in FL, and giving our addresses? If we can, and we file those letters along with the motion, would we be required to return to NC for the hearing, or would the judge be inclined to allow notarized “testimony” of sorts that we are both in FL and we both want jurisdiction moved?

Also, if we can do all of this remotely, can I get the papers, fill them out here, have them notarized, and then mail everything to the courthouse, along with the filing fees, or do I have to be there in person to file them?

Thanks!


#4

A judge may indeed accept Affidavits in lieu of an appearance, though it will depend on the judge presiding. You may file papers by mail, but keep in mind that filing papers does not get your case a slot on the court’s calendar, you must also schedule a time for your motion to be heard.


#5

So, I could get it put on the calendar by calling up there after I file the papers? Would I also be able to ask them if the judge would accept affidavits in lieu of appearing?


#6

Yes and yes.