Modifying a consent order


#1

Once the child has lived primarily with you in SC for at least six months, SC would have jurisdiction. In order to SC to hear the case a motion to decline jurisidiction would need to be filed in NC and the court would have to agree to relinquish jurisdiction. It is likely you will need attorney’s in both states.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

What paper work do I need to file in each state? The attorneys in SC I have spoken with aren’t sure if we just need to register the order here in SC and then file to modify it or what.

But the attorneys I have contacted in NC all say they can’t help since the child doesn’t live there.

This is just so confusing.

Does the paperwork in NC have to be filed in the same county or can it be filed in any county in NC since my son nor I live there any longer??

Can you give me an idea of what is reasonable visitation for a step parent that was widowed but has moved on and is dating, etc?

What is acceptable grandparent visitation? 1 weekend every 4 months, 6 months, or what?

Do you have to go through mediation when it is not the biological parents?

Thanks!
Thanks!


#3

You need to file a motion to decline jurisdiction in the county where the action is pending in North Carolina.

You would need to register the order in South Carolina and take the steps required by their laws to seek a modification of the order.

North Carolina does not have any standard visitation schedules, however it may be different in South Carolina.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#4

I’m confused about what you mean of ‘where the action is pending’…? There is not anything pending right now. We have a consent order but no other motions etc have been filed in NC.

Does your law firm in Charlotte ever do any work in Anson county? If so, how much would your fee be to file this motion to relinquish jurisdiction?

Thanks!


#5

The action is pending in the state that previously entered the order. Jurisdiction remains in that state until it is declined. Our firm does not work in Anson county.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#6

I have a NC consent order that allows visitation for my son’s step mom and bio grandfather. The order does note that I have custody and live in SC (thus my son is now a sc resident since August 07).

We have found out that since my ex passed and the order was agreed to that the step mom now has a boyfriend and has even introduced him to my son during his last visit. The boyfriend also spent the night.

The order states that she is to meet us every other friday for the visits. On this last time, she sent a family member, not the grand dad, in her place as she couldn’t come due to being out of town with her boyfriend. I didn’t find out till after the fact that she wasn’t going to be there friday night…as she will not speak with me.

She did not even come home on that night either…she stayed out of town till the next day and then came home with the boyfriend in tow.

My son will be 15 next month and wants to play sports but the step mom has told him that he can’t if it interferes with her ‘time’ but yet she can miss days if she has plans…

What state can modify this order? My son says he does want to continue going for visits but not as often and also has stated that the stepmom has mentioned moving possibly this summer…he has said if she moves out of the area he does not want to go to her new location as he only likes going so he can visit with his old friends and he is concerned he wouldn’t see his grand dad or cousins.

The granddad is listed as a party but its always been step mom picking him up, etc and taking him to her house…who would even be entitled to the visitation if she moves away from my son’s grand dad?

Do I need to register the order here in SC to be able to have it modified or what exactly needs to happen?

It is a very acrimonious relationship with stepmom as she was the 1st wife and I was the 2nd, then ex remarried her.

Please advise…I know I need an attorney but just need to know where…I hate to spend money on an attorney in the wrong state…only to find out after the fact.

Thanks so much.