# Pending custody case in another state

**URL:** <https://forum.rosen.com/t/pending-custody-case-in-another-state/14241>\
**Category:** Divorce and Separation Answers\
**Created:** [August 28, 2012, 3:47pm UTC](https://forum.rosen.com/t/pending-custody-case-in-another-state/14241 "2012-08-28T15:47:03Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![rebeccaglassofwater](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rebeccaglassofwater](https://forum.rosen.com/u/rebeccaglassofwater)\
**Post date:** [August 28, 2012, 3:47pm UTC](https://forum.rosen.com/t/pending-custody-case-in-another-state/14241/1 "2012-08-28T15:47:03Z")

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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?

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**Author:** ![rebeccaglassofwater](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rebeccaglassofwater](https://forum.rosen.com/u/rebeccaglassofwater)\
**Post date:** [August 28, 2012, 6:26pm UTC](https://forum.rosen.com/t/pending-custody-case-in-another-state/14241/2 "2012-08-28T18:26:37Z")

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He is 7 years old, went 2 weeks of 1st grade here and now is attending 2nd grade in NC as well.

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [August 29, 2012, 1:57am UTC](https://forum.rosen.com/t/pending-custody-case-in-another-state/14241/3 "2012-08-29T01:57:01Z")

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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.