Custody Motion Filing Guidance

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Summary

If your original custody order is from North Carolina, you generally need to file your motion there. However, since your child has been living in California for 4 years, you might also need to file in California. Your North Carolina attorney can request a change of venue under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). If granted, the new court in California will review the case based on the childs best interests. Consult a local family lawyer for personalized advice.

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No just North Carolina
Since your custody order is from North Carolina, you may need to file your motion there. However, laws can vary, so it's best to consult a local family lawyer. They could provide accurate advice on whether you need to file in North Carolina or California.
Do I need to also file motion in California ?
Since the original custody order is from North Carolina, you generally need to file your motion there. However, as your child has been living in California for 4 years, you might need to file in California too. Consult a local family lawyer to be sure.
Can my attorney in North Carolina request change of venue since child home State is California
Yes, your attorney in North Carolina can request a change of venue. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows a court to transfer a case if it's more convenient and in the best interest of the child. Consult your attorney for further advice.
If change of venue is granted does child need to be return to California with father
If a change of venue is granted, it doesn't automatically mean the child has to return to California. The new court in California will review the case and make a decision based on the child's best interests. Always consult with your attorney for accurate advice.