Thomasville, NC asked in Family Law and Child Custody for North Carolina

Q: Current order Nc. Kids live in wa. Filed modification in nc but judge is trying to see who has jurisdiction nc or wa

Kids lived in nc 6.5 yrs then moved to wa when order was made in 2015. I have filed a modification to custody in nc where i live back in june and just got a court date in nov to see who has jurisdiction nc or wa. But nc has not released jurisdiction to wa so i think my case should remain in nc???

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Jurisdiction typically goes where the children reside unless the order retains jurisdiction. Even then it would likely be super easy for the other parent to have a WA Judge step in. So it really depends on whether the other parent wants to make things difficult for you. If so, you will likely lose - the odds of losing soar to virtually guaranteed if you are representing yourself. Your best bet is to consult with a local family law attorney. Best of luck.

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