There is a pending custody case for a child in SC by the Grandfather, suing for custody. I have had the child since April, 2012 in NC. Can I file for custody here in NC since there is significant evidence of his present and future well being in the state of NC? How would I go about filing to change jurisdiction and ask for custody myself? Grandfather is claiming the mother and father, never wed, to be unfit, which they are, hence why I have their child. If I can not yet, can I when the child has been here 6 months even if there is a pending case still?
Pending custody case in another state
He is 7 years old, went 2 weeks of 1st grade here and now is attending 2nd grade in NC as well.
To get the matter moved to NC, you would need to ask SC court to move it by using a motion to change venue. It wouldn’t be appropriate to file that motion until the child had been in NC for at least six months.