Greensboro, NC asked in Family Law for North Carolina

Q: Modification Needed when Custodial Parent moves to another state; Non-Custodial lives in another state

court order been in place since 2015; child is 11. Custodial Parent is moving from Mississippi to Vermont, Non-Custodial parent lives in North Carolina for 8 years. Non-Custodial needs Modification for visitation, meeting location etc.

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2 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Went to a family law attorney, and the jurisdiction where the current custody order is entered.

1 user found this answer helpful

Adam Bull
Adam Bull
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: jursidiction to modify any order will remain with the original Court that entered the order, until and unless they release jurisdiction. if no party or child still remains in that jurisdiction, then i suggest you hire counsel to file motion to release jurisdiction, and file a new suit seeking jurisdiction in either the prior home state of the child or the new state. If the child(ren) have not been residing in NC for at least 6 months, NC cannot assume jurisdiction.

Any relocation will be determined by the Court which has jurisdiction over the custody matters.

1 user found this answer helpful

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