Jurisdiction- which state to file?


#1

My ex and I used to reside in NC. Through court-appointed mediation/parenting agreement, I was allowed to move out of state with our child (over a year ago). He has visitiation.

My ex has filed a motion against me (which he filed in NC), however, he listed another state on the court paperwork for his residence. Since neither of us live in NC anymore, it was recommended that I file for a change in venue. However, I do not know if I should file it in NC, or in my current state. Please advise. Thank you.


#2

North Carolina has continuing jurisdiction unless and until it is changed by one of the parties. You will need to file a motion to transfer jurisdiction to your state. The motion should be filed here in NC.


#3

Thank you Erin. I have another question. When I left NC, I agreed to waive receipt of child support from my ex (not my choice - that was one of his stipulations allowing me to move), and signed paperwork through CSE in NC stating this. Is there any way that I can change this option and file for child support (in the future, not for back payments)?


#4

If you can demonstrate that there has been a substantial change in circumstances you can move to modify (or in this case establish) support.