Thank you for your question. How long as the child been in North Carolina?
since he was 5 days old and is now 7 weeks old
this has been his only home since birth
also wanted to know how quickly this change could be done because there is another mediation hearing coming up this month
It may be difficult considering that the Virginia court has taken jurisdiction of the matter. Generally a state does not have jurisdiction over a child until the child has resided in the state for six (6) months. However, given the hardship you can file a motion to change venue. The court would then determine if it is appropriate to move the jurisdiction to North Carolina. The motion would be heard as soon as the court's calendar could accommodate hearing the motion.
So, can the custody initiated by the mother be cancelled in VA and simultaneously started in nc since the baby is under 6 months?
Yes it can be. However, if the father is in Virginia, he can file a motion explaining that the Virginia court originally had jurisdiction and ask that jurisdiction remain in Virginia. If the father is not that savvy and/or motivated and the case is open longer than 6 months, it is possible the North Carolina court will not prod too deep into the issue.
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