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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29799
Experience:  Attorney with experience in family law.
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If an order was filed and executed in North Carolina, while

Customer Question

If an order was filed and executed in North Carolina, while the non custodial (NJ) and custodial parents (Dallas Texas) were both living in other states, can the custodial parent move the jurisdiction to her State in effort to avoid releasing her salary increase and prevent modification in the State of North Carolina??>?
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

When both parents and all their children have moved out of the state where a custody and support order was entered, either party may petition to move the case to the state where the child winds up residing. See Texas Family Code, Section 152.203. The child has to have lived in the new state for at least 6 months before the case can be transferred there. North Carolina doesn't really have an ongoing interest in a case involving three non-residents, so they will probably agree to move it to free up judicial time and resources for people who do live in the state. It's a fairly common procedure, but it doesn't avoid modification.

Once the case is moved, either parent can seek to modify custody and support in the new state. As part of the Texas modification, you'll be able to request information regarding her current income, and other financial information.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 10 months ago.
Hi Lucy, no my question was not totally answered. The mother filed to move the case to her state but I was never served or made aware of the change request. The delivery service was made through a delivery service and not the consulate. The documents was never served to my home address and the signature on the document does not belong to me. When the judge made the ruling, neither party lived in the State of NC, but because we once had ties to the state, the judge heard the case and ruled on it. Additionally before Texas made a ruling to move the case without my knowledge or input, I had already filed a modification request in the State of NC. Matter a fact, the filing was complete at least 30 days before the decision was made in Texas. I will appear on court this week and I still have ties to NC, I have family and my fiance living in the State on NC.
Customer: replied 10 months ago.
excuse the grammatical errors, I am a little frustrated with the system. My argument is that she received an tremendous increase before trying to move the case to Texas, but she never reported it. Why do you say the support case must be filed where the custodial parent or child lives? Why not where the non custodial parent lives?
Expert:  Lucy, Esq. replied 10 months ago.

The fact that you have ties to the state isn't legally relevant if you no longer live there. What the law says is that the case can be transferred once both parents and the child move elsewhere. Consulates do not need to serve these types of court papers - a motion to transfer an existing case can be served by regular mail. So none of that is going to change the outcome.

It is possible to file a Motion asking the judge to undo the transfer to Texas because you were not served in time to object. However, since you don't live in North Carolina anymore, it's not going to make any difference. Again, the state doesn't want to use their judge's time and their taxpayer money to hear disputes between two people who don't live in North Carolina. They had jurisdiction originally, but both Texas and North Carolina law allow the case to be moved. Moving the case doesn't legally implicate your rights, because you can still have support and custody modified in Texas.

You can continue the case in Texas. Trying to fight the move is going to take a lot of your time and could cost you a lot of money, and you will ultimately lose. I'm sorry.

Expert:  Lucy, Esq. replied 10 months ago.

Jurisdiction in child support/custody case is always based on where the child lives. That's because it's the child's money. By default, that also means it's almost always going to be where the custodial parent lives, since the custodial parent and child go together. There are statutes that say a court always has jurisdiction to hear disputes regarding child support for a child living in the state. But there aren't any laws that would allow a non-custodial parent to be taken to court in a state they don't live or work in, to hear a case about a child who doesn't live there.