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Lawgirl
Lawgirl, Lawyer
Category: Legal
Satisfied Customers: 4606
Experience:  I am an attorney familiar with the above-stated subject matter.
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If a mother had a baby in Virginia and immediately after the

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If a mother had a baby in Virginia and immediately after the birth of the baby left the state for her safety and the babies, however child custody was filed in Virginia. How can or is it possible to change the jurisdiction for child custody hearing to the state (North Carolina) that she has moved to vice continuing to take a newborn back and forth to Virginia for mediation or custody hearings. The mother is not working, has been sick since the birth of the baby and it is becoming a hardship on her parents who have been transporting her back and forth to Virginia. The father continues to call and harass the mother on the phone and constantly has her in tears.
Thank you

Lawgirl :

Thank you for your question. How long as the child been in North Carolina?

Customer:

since he was 5 days old and is now 7 weeks old

Customer:

this has been his only home since birth

Customer:

also wanted to know how quickly this change could be done because there is another mediation hearing coming up this month

Lawgirl :

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.

Customer:

So, can the custody initiated by the mother be cancelled in VA and simultaneously started in nc since the baby is under 6 months?

Lawgirl :

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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