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Legal Information: North Carolina


December 22, 2023

Can I change the state where the case is being heard?

If you, your child, the other parent, and anyone acting as parent have all moved to another state, you may be able to change the state where the custody case is being heard.  If the judge finds that the child, the parents and anyone acting as the parent does not have significant contact with the original state, or if they are not presently living in the state, s/he will consider changing the state where the case is heard.  For more information about modifying an order in a new state, see Changing a final order.

Also, if you are a victim of domestic violence, North Carolina allows the judge to consider this factor in deciding if a particular state is no longer appropriate for the case.1  You will have to ask the judge who is hearing the case to consider allowing the case to be heard in another state.  This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this.  To find a lawyer, free or paid, go to our NC Finding a Lawyer page.

1 NCGS § 50A-207(b)(1)