Greetings. It is my opinion that he would need to file in the jurisdiction where the children live more. If he did file in his jurisdiction, you may be able to have a Motion to Change Venue take place and move the action to your jurisdiction.
A notice to deviate deals with deviating from child support. You mean a motion to modify child custody. You can file for this if there is a substantial change of circumstances that hurts the child. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.