Motion to dismiss wrong venue forms in custody case for defendant

Mother moved Out of state and filed in wake county which is wrong venue for which to hear our case! Since her inception child lives with me since birth! . Where would the forms I need to ask the court to dismiss on wrong venue proceedings in wake county court N.C. ?!

For a custody case, proper venue would be in any county that the plaintiff or defendant reside as long as the minor child has resided in the State of North Carolina for the 6 months preceding the filing of the action.

There is no pre-printed form for a motion to change venue. You will need to draft your own motion to change venue and provide brief reasons as to why. You will also want to schedule a court date for your motion to be heard by filing a notice of hearing and asking the clerk’s office for a good date for your motion to be heard by the judge.

Anna Ayscue

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

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