Jurisdiction vs Venue

What is the time frame to be able to have a permanent custody order’s venue changed? I believe the jurisdiction and venue differ and the jurisdiction is 6 months. I have been residing in another county (over 2 years) from where they papers are filed. My ex has chosen to not see our daughter. I have had her for the past three months. I understand that I can file a modification and a change in the venue, but not finding what the time frame has to be if there is one. Please Help!

If you have a basis to modify the custody order, venue can be changed at that time.

To modify a permanent custody order, you must show that there has been a substantial change in circumstances affecting the wellbeing of the minor child since the entry of the current permanent custody order. There is no timeframe or time limit as to when this can occur.

You would need to file a motion to modify and a motion to change venue at the same time and calendar the motion to change venue first. This is assuming that NC still has jurisdiction to issue orders of custody (NC would have jurisdiction over child custody matters if the minor child has resided in the State of NC for the last 6 months).

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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Yes jurisdiction is still in North Carolina, I would like it to be moved to the county where I reside and the child has been living for the past three months due to her father putting visitation “on pause” and there has been no communication about resuming visitation since.
Thank you for your reply.