Legal Question in Family Law in North Carolina
change of venue
I am needing to know how to change the venue of my divorce degree. It was orignially done in ORegon and I live in NOrth Carolina now. My ex is trying to fight me for custody when it says I have legal custody. How due I go about transfering the case. Also he lives in the state of Missouri. Thank you for your time
kim
1 Answer from Attorneys
Re: change of venue
Since you now live in NC and you have legal/physical custody of the children, who also reside in NC, jurisdiction will likely be in the state of the children's residence, i.e. NC. MO. has no jurisdictional claims and unless you and your X agreed that OR. will be the jurisdictional situs of all future custody/support issues, NC will likely be the correct jurisdiction for any claims your X might file. Even if you and your X agreed to OR. jurisdiction, the children are here. There can be some complications. I do not know the full story and it is difficult to provide an exact black or white answer but this is pretty much the overview of custody issues. If you want to discuss this further, e-mail me at [email protected] .
Thanks,
Jim