Results 1 to 6 of 6
  1. #1

    Default Can a custody order be modified in a county where neither parent lives?

    i am in california, my ex is in North Carolina.

    When I was in the hospital after an accident, my ex took our children to live with him in North Carolina. I gave my consent for him to take them on a temporary basis until my physical therapy was done and I was strong enough to care for them again. He moved immediently and it took me a while to locate him. 6 months and 1 day after he disapeared, I was served with custody modification papers. The really strange thing is the papers were filed in a county where neither of us have ever lived. he lives in a neighboring county. Would the county he filed in have jurisdiction? No that is not my greatest problem here, but I am trying to figure out what he is up to.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a custody order be modified in a county where neither parent lives?

    Get a lawyer and discuss the possibility of filing a motion in the jurisdiction where the last custody order was issued, then seeking dismissal of the North Carolina petition on the basis that it was not filed in a proper venue.

    I would put the odds at 99.999% that he's working with a lawyer, and if that's correct your odds of prevailing without legal help are a lot lower than they would otherwise be.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can a custody order be modified in a county where neither parent lives?

    Your other thread suggests that this happened quite some time ago, whereas Mr. Knowitall is responding as if you just got served with papers. How long ago did this occur?

  4. #4

    Default Re: Can a custody order be modified in a county where neither parent lives?

    2 years ago. I have been claiming my son since the original decree 5 years ago. It was only this year my ex is telling me I can't.

  5. #5

    Default Re: Can a custody order be modified in a county where neither parent lives?

    Quote Quoting Mr. Knowitall
    View Post
    Get a lawyer and discuss the possibility of filing a motion in the jurisdiction where the last custody order was issued, then seeking dismissal of the North Carolina petition on the basis that it was not filed in a proper venue.

    I would put the odds at 99.999% that he's working with a lawyer, and if that's correct your odds of prevailing without legal help are a lot lower than they would otherwise be.
    He is. My son has told me that there is a connection with the Judge in the county where he filed and my ex-husbands new inlaws, but I have no proof. Until this point, I have had some medical issues and have been unable to fight this.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a custody order be modified in a county where neither parent lives?

    You've waited two years. The issue of venue is probably waived.

    1. Sponsored Links
       

Similar Threads

  1. Modified Support Order and the Chances of Obtaining a Passport Now
    By Emilie in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 02-26-2011, 01:13 PM
  2. Is Child Support Modified when Custodial Parent Moves Out of State
    By confused.dad in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-07-2010, 01:24 AM
  3. Getting an Order Modified
    By nickel in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-16-2009, 05:36 PM
  4. Probation and Parole: Probation Violation; Defendant Lives Out of County by Permission of Court
    By looking4answers in forum Probation, Parole and Incarceration
    Replies: 7
    Last Post: 12-05-2008, 11:14 AM
  5. Getting Custody Modified Without A Lawyer
    By mrs_rubira14 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-04-2008, 04:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources