Filing Motion for Change of Venue in Custody Case

#1

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.

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#2

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

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