In North Carolina, Can I Move My Child Custody Case to the County I Live in Now?

Are you involved in child custody proceedings? If you relocate to a new county within North Carolina, you might want your child custody hearings held in your new location. This is not a frivolous concern. Commuting across the state of North Carolina every time you need to attend a child custody hearing costs time, money, and aggravation. Here’s how the process works.

Understanding original jurisdiction in child custody cases

“Original jurisdiction” refers to the county where the child custody case is originally filed. Typically, this is the county of the child’s residence at the time the case is initiated, not necessarily the counties where the parents reside. Naturally, in most cases, the child’s county of residence will be the county of residence of at least one of their parents.

Under North Carolina law, the court that originally issued the custody order typically retains authority over future custody proceedings unless a motion for change of venue is filed and granted. Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), continuing exclusive jurisdiction means that the court that originally issued the custody order maintains authority over all future custody matters absent a change of venue based on just cause, such as relocation.

Keep in mind that the UCCJEA primarily governs interstate jurisdiction, not intrastate jurisdiction.

When can a custody case be moved to a new county?

If the child moves from one North Carolina county to another, there are circumstances under which it is appropriate under North Carolina venue rules to transfer the venue of a child custody case. These circumstances include:

• A substantial change in the residence of the child. A “substantial” change is one that affects the appropriateness of the original venue. A move within a single county is not substantial, for example.
• If most of the people involved in the case — parents, teachers, or healthcare providers, for example — are located in a new county, a court might transfer the venue for the sake of convenience.
• The best interest of the child. This is the gold standard because it trumps all other concerns. It might be important for the court to change the venue to the county where the child will be enrolled in school, for example, so that the child’s mother doesn’t have to leave town for a hearing on a school day.

Although either parent can request a change of venue, the court must approve it. A problem may arise if there is no venue that is convenient for both parents — one parent lives in Asheville while the other lives in Charlotte, for example. This is a good example of a situation where the best interests of the child must be the deciding factor.

How to request a venue transfer in North Carolina custody cases

To request a change of venue, you must:

1. File a written Motion for Change of Venue. This motion should describe and support the justification for changing the venue.
2. Provide notice to the other party. This notice should include a copy of the Motion for Change of Venue and the Notice of Hearing. The most convenient way to do this is to hand-deliver the documents to the other parent or their attorney. Other means of service apply as well. You must file a Certificate of Service with the court.
3. Show up for the hearing at the original court. In most cases, you will need to appear at the original court for a hearing. If the judge grants your motion, future custody hearings will be transferred to the court in the new county.

If the other parent refuses to cooperate, you don’t necessarily win your motion as in a default judgment. Ultimately, the judge will still review the motion, and decide based on the best interests of the child.

Factors courts consider when deciding to transfer a case

When deciding on your motion, the judge will consider the following factors:

• Where the child lives and attends school
• The location of evidence and witnesses (such as teachers, counselors, and healthcare providers)
• Whether, all things considered, a change in venue will serve the child’s best interests
• Whether the current venue is unduly burdensome for either parent

The court may consider any other relevant factor based on the circumstances of your particular case.

When a court is unlikely to allow a transfer of venue

A court is likely to dismiss a motion for a change of venue if:

• The change of residence is too recent, or if it appears to be an attempt to manipulate the court.
• There is ongoing litigation or recent orders in the original county court. This could delay approval of a change in venue.
• The original court believes it can still effectively manage the case despite the change of residence. This might happen, for example, if the two counties are next door to each other.

It is up to the party who files the motion for a change of venue to prove that the motion is justified.

Practical tips for parents seeking a transfer

Observing the following tips can increase your odds of success:

• Gather documentation supporting your reasons or requesting a change of venue (such as school records and proof of residence).
• Avoid multiple filings in different counties.
• Work with an attorney who is familiar with the legal landscape of the proposed new venue.

No matter how much you prepare, however, there is no guarantee of success.

You’re likely to need a lawyer for a change of venue

Although it is possible to move a custody case to a new county in North Carolina, you will need legal justification and court approval. It is important that you work with a North Carolina family lawyer to navigate the various jurisdictional and procedural hurdles you will encounter in a venue change or custody modification proceeding.

Epperson Law Group PLLC is a firm filled with seasoned, aggressive North Carolina family lawyers. We will be happy to schedule you a consultation where we can discuss your needs and goals. Since we are trilingual, you can contact us in English, Spanish, or Greek. The sooner you act, the better your chances of a satisfactory resolution.