We currently have a custody/child support consent order in Union County, NC. Child Support Enforcement is going to be requesting that the child support aspect of the case be turned over to them and they will be requesting that the venue be changed to Forsyth County where I and my daughter primarily reside. I have Primary Physical Custody of our daughter. I want to request a change of venue for the custody and visitation aspect of our case to be moved to Forsyth County as well, but I am hard pressed to get information about how to do that, what forms need to be completed, and so forth. I can’t afford to pay an attorney to do this for me and was going to try to get whatever paperwork I need filed this coming Monday while I’ll be in Union County visiting. The court date that CSE has scheduled is April 29th, so I was also wanting to request to have this motion calendared on the same day, so that I don’t have to miss more work going back to court in Union County, if at all possible.
The only way you can get venue of the custody portion (assuming there is a permanent order in place) transferred to another county is if you also need to modify the current order or have it enforced. Otherwise, the order remains in Union County as a permanent order and there is no basis to transfer the closed file.
You would need to file a motion to change venue (a simple statement that explains your basis for asking that venue be transferred, i.e. that you, as the primary custodian, and the minor child reside in Forsyth County and have resided there for whatever length of time) along with your motion to modify and/or contempt motion. You would also file a notice of hearing setting it for a court date and a certificate of service showing that you mailed all filings/motions/notices to the opposing party.
Note that if CSE is intervening in the family court child support action, the court date they set may or may not be a court date solely for CSE cases. If so, the judge will likely not be able to hear a motion to change venue for a custody case. The clerk’s office and/or family court office should be able to tell you which court is scheduled for 4/29.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
So an original order was in Forsyth Co, for the past year or so the child has lived in Yadkin co but the non custodial parent has filed a modification motion in Forsyth Co, can we ask for a procedural dismissal or change of venue being the cusodial parent and child do not live there?
Yes, you can respond to the motion to modify which was filed in Forsyth County by filing in Forsyth County a motion to change venue to Yadkin County.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
@Anna_Ayscue - do you know the authority for this off hand? I plan to make this argument at a hearing this week but cannot find the authority to support the position. It just seems like common sense to me. Thanks!
A motion to change venue must be filed in the county in which the case currently existed or previously existed. Then the judge in that county will determine if the case should be transferred to another county.
N.C.G.S. Section 1-83 addresses change of venue.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.