If the issues are related to custody you the proper venue would be where you lived. If the issues are property then the proper county would be the one where the property is located. It is hard to answer this without more information.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
The issue is custody, we have joint custody. Eventually, I would like to get it changed to where I have full custody and he ONLY has visitation rights. Currently, my son lives with me and my ex gets him every other weekend and 3 weeks total during June, July and August.
What would I have to do to get the venue changed? Do I go to that county? Or can I do it in this county? Does an attorney have to change the venue or can I talk to the judge?
Greetings. If he lives where the venue exists at the time of filing, and does not move, venue will generally not change unless he moves. You can try to file a motion to change venue in the county where the case currently is to the county where you reside. The judge makes the final decision on the change of venue. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
I left my husband, who lives in Randolph County, in Sept 2004 due to him strangling me and hitting my infant son in the face. The courts ordered my son and myself to move to Rutherford County. Both my son and I have lived in Rutherford County since Sept 2004. Because I live, work and attend school here and have since 2004, what would I have to do to get the venue changed to this county? My ex husband continues to file lawsuits and I have to drive 3 hours one way every time he files a lawsuit against me.