Odds of granting change of venue


#1

If your child has lived in SC for the last six months the SC is the proper jurisdiction. In some instances if the parties are in the midst of litigation the court may decide not to decline jurisdiction, but that does not sound like it is the case in this instance.

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

We bit the bullet and scraped the money together…I’ve hired a NC attorney now and also a SC attorney. The NC attorney is filing papers to request NC to relinquish jurisdiction to SC since this is my son’s home state.

I am the only biological parent…(not sure if that matters) as current order gives step mom visits.

What are the requirements for a judge to grant our request to move it to SC? What are our chances? Do NC judges ever agree to relinquish jurisdiction to another state?

Thanks!