Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.
If the adoption began in Utah, it must conclude there. You've already submitted to the jurisdiction of the court and it is actually likely that the Utah court is the only court that has jurisdiction over the case (unless the child has lived in NC for more than 6 months.
Unfortunately, the judge can order that you comply and return in order to finalize the adoption.
In order for a court to have jurisdiction over a person, he/she must have lived in the jurisdiction (city, county, state) for at least 6 months. If not, the court of the person's previous residence would retain jurisdiction.
Even if the child has lived in NC for over 6 months, that doesn't allow you to change the venue of the court proceeding.
Under Utah law, if a parents' parental rights are terminated by the juvenile court, that court has exclusive jurisdiction over the case.
The only way to transfer the case is if the judge approves it - and it doesn't sound like that's going to happen.
Once a case is initiated - especially an adoption - the court is not likely to give up jurisdiction over the case because venue is determined at the time the case if filed - not where someone may move after the case starts.
The judge can allow a transfer if he/she thinks it is in the best interest of the child, but there is no way to force this.
The jurisdiction is not set by your residence - it is set by your daughter's residence at the time the adoption was filed - which was Utah.
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