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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 685
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 36 years
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My daughters father filed for custody/visitation in 21st

Customer Question

My daughters father filed for custody/visitation in 21st district court where his mother is the associate director of the meditation services. We are scheduled for court in two weeks. I live 70 miles away and I want the case heard in the city I reside with our child. There is a current child support case in my city and I would like to file a change of venue to my city but can't afford an attorney. What is my best chain of action?
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 2 months ago.

Hello. I’m a family lawyer, former trial lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

If I’m back not here right away, I’m typing my answer. Thanks!

Expert:  FamilyAttorney replied 2 months ago.

Hi, C, I actually found some forms for you. You should fill them out and just ask the clerk when they need to be submitted -- of course right away though. You have to make sure you serve the other party's lawyer and file the original with the court clerk. Ask the clerk if there's anything else you need.

These are what I found and this is probably what she means -- a cover sheet and the motion itself.

I'll supply links.

Expert:  FamilyAttorney replied 2 months ago.

http://www.nccourts.org/forms/Documents/305.pdf

Motion cover sheet - that's probably the request for the change of venue. Make sure to check a box and list change of venue.

Expert:  FamilyAttorney replied 2 months ago.

They're both for NC. You need to change the language of the motion. The second one I couldn't link to because it was a download, so I attached it here.

The second one, you will need to download and change the language -- state why you want it changed to your courthouse and city -- that you already have a case there, that his mother is the associate director of the meditation services and you don't think you can get a fair hearing, and usually venue is where the children reside. Those should be enough reasons to transfer the case. The judge doesn't always do so, but hopefully he/she will do so here and if he/she is smart, the judge will grant your motion.

You may need an affidavit or certificate of service, so ask the clerk if you need that. That proves that you served the other party's attorney. Ask if you can serve by mail.

Does this help you and answer your question?

Expert:  FamilyAttorney replied 2 months ago.

The papers are easy to fill out. Just fill in what I mentioned. If you want me to fill them out for you I can do that but I'd have to charge an extra fee to do so. You can do this with the guidelines I gave you above.

Please know that I am very thorough and I work hard for my customers here.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me. If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

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Expert:  FamilyAttorney replied 2 months ago.

Let me know if there is anything else I can do for you. I searched for these forms and you can fill them out or ask me to do it for you. Either way is fine.

Because I have provided you with the information you asked for, would you please now rate my service so I can be compensated for assisting you? Thank you so much!

Thank you!

Expert:  FamilyAttorney replied 2 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.

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