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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27646
Experience:  Attorney with experience in family law.
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I need to determine which county in NC has Jurisdiction over

Customer Question

I need to determine which county in NC has Jurisdiction over a child custody case. Can I havea attorney submit paperwork for incorrect Jurisdiction, and have the defendant pay my attorney fees. The father filed a motion with a court Date of July 27, 2015 for permanent custody on the basis that he's relocating from Guildford County, Greensboro NC on June 26, 2015 (Closing on a house) in Harrisburg, NC Cabarras County. The Children have resided in Mecklenburg County, Charlotte, NC for 5 -6 years with the mother as the primary custodial parent.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
If you and the father have ever gotten a custody order, the original court retains jurisdiction. So in that scenario, he has to go back to whichever court heard the case initially. N.C. Gen. Stat., Section 50A-202.
If there has never been an order, he needs to file where the children have lived for at least 6 months. You have the ability to file a Motion to Dismiss the case and make him refile it in the correct county.
You are free to hire a lawyer to file the motion, however, the law unfortunately would not allow you to recover attorney's fees from him.
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