Transferring a Case


#1

I moved here 12 months ago from Florida and would like to not just register my case here, but ask Florida to give NC jurisdiction, as I need to modify the child time-sharing and support settlement. Can anyone tell me what forms I need to give to Florida so I don’t have to hire a Florida attorney to do this for me?


#2

You are only going to be able to change jurisdiction and have your case heard in North Carolina if the children have been living here for six months prior to you filing for a modification of the child custody issues. The law that governs this is called the Uniform Child Custody Jurisdiction Enforcement Act. To learn more about the UCCJEA, read our article discussing which state has jurisdiction in custody cases. But basically, Florida has continuing exclusive jurisdiction until the children are no longer there.

If you believe that Florida no longer has continuing exclusive jurisdiction, you can file a motion in Florida asking them to terminate jurisdiction, and subsequently ask a North Carolina court to exercise jurisdiction. But again, the Florida court will not grant this request if the children are still in Florida.