Venue Change - AD with Issues

North Carolina Divorce Law Divorce and Separation Answers
#1

Ex filed Abs. Div. in Wake County. I still live in the previous county 4 hours away still in NC. There are still issues needing to be settled such as debts owed, illegal dispensation of retirement, custody/visitation, protection of minor children (And step child) from her current significant others quick temper and abusive style towards my children, Alimony, Separation of bed and board when she walked out with the children abandoning the marriage, adultery which (she states “Allegedly” Witnesses state otherwise) was committed before separation date and without separation agreement in place, falsifying documents for child support to the previous County Court and marijuana (recreational use by her significant other, their friends and herself) this being the short list.

Protection of the children is paramount while preserving my rights as father/step father to the older 3 against ongoing physical and psychological abuse. The youngest 4th child born last year is the issue of her and her significant other, of which I have no control over protecting him. DSS is not helpful in any of this in either county. I’ve tried to gain their assistance as a father, only to watch nothing be done. My children should also be in counseling to help with all that’s going on as they were before moving approximately 1.5 years ago…My Ex refuses.

Does § 1-83(2) Apply in Change of Venue Request to Former County based on Child Support Decree already on file in that County, All the Witnesses (including hostile) for the Case living in or around the former county and all the issues that still need to be resolved before Abs. Div is granted so as to not lose rights to bring up the issues at a later date which will hopefully protect my children in both short term and long term of their growing up safe, secure and healthy as possible?

Thank you for your time and reply to this.

#2

This is time sensitive. Should I seek elsewhere for the information? I’m good either way…I just figured if the topic was unable to happen, then this law firm might be considered for representation depending on some of the other aspects I’m researching at the moment.

Again, Thank you for your time, patience and reply in this matter.

#3

[size=150][b]Thank you for your time and patience.

I will seek representation elsewhere with this time sensitive case.[/b][/size]

#4

NCHermit, I apologize that we did not answer your post timely. Each time a user posts a followup on his/her original thread, it bumps your thread to the back of the line in terms of response. Each subsequent post you made pushed you to the back of the line, so to speak. For that, I am very sorry.

To answer your question about change of venue, venue in an action for absolute divorce is proper in either county that the Plaintiff or Defendant resides. But, it does have an impact on your child custody issues. The county where the action for divorce was filed is considered proper venue for child custody and child support until the divorce judgment is granted. Any proceeding for custody or child support must be joined or raised by motion to the divorce action in the same county, so long as the divorce action is still pending.

However, once there has been a final divorce judgment issued, then a parent may file for child custody or child support in a different county; our statutes state that proper venue is the county where the child resides or is physically present, or in a county where the parent resides.

So essentially, you can raise improper venue as a defense to in your answer to the absolute divorce complaint. Or you can file your complaint for child custody after the divorce judgment is entered in the county where you reside. Of course, your ex can also raise improper venue and ultimately the judge will decide where venue is proper.

There is a very important caveat about waiting for your divorce judgement to be entered. If the judge signs the divorce judgment before you have reached an agreement on spousal support or property division, or filed a law suit to preserve those claims, then they will be lost forever. This can be very damaging, so we highly encourage you to have a consultation with an attorney to discuss how to preserve your claims and also how to address your venue concerns.