Which state and how to modify?

[Wandering20]

What is the name of your state? North and South Carolina

Shared custody order from NC, parents originally lived in different counties in NC but child and primary custodial parent now reside in SC and have for 3 years. Secondary custodial parent still resides in NC, in a county different from where the court order was issued.

For modifications of custody or child support, would SC be the proper jurisdiction at this time?

 

[LdiJ]

What is the name of your state? North and South Carolina

Shared custody order from NC, parents originally lived in different counties in NC but child and primary custodial parent now reside in SC and have for 3 years. Secondary custodial parent still resides in NC, in a county different from where the court order was issued.

For modifications of custody or child support, would SC be the proper jurisdiction at this time?

It might be possible to get jurisdiction switch to SC but for the time being, one of the parties still lives in NC therefore NC would still hold jurisdiction.

 

[Wandering20]

It might be possible to get jurisdiction switch to SC but for the time being, one of the parties still lives in NC therefore NC would still hold jurisdiction.

I attempted to file a modification in the original county and was told I could not as the child has not resided there in several years.

Would the appropriate court switch to the other county in NC, even though the parent in that county is not primary custodial and the child has never primarily resided in that county?

 

[LdiJ]

I attempted to file a modification in the original county and was told I could not as the child has not resided there in several years.

That is odd. Who told you that?

Would the appropriate court switch to the other county in NC, even though the parent in that county is not primary custodial and the child has never primarily resided in that county?

I don't know. I think that you are going to have to run it by an NC family law attorney. The fact that the first county wouldn't even accept your modification case is odd enough that you are going to need someone well versed in local family law.

 

[Wandering20]

That is odd. Who told you that?



I don't know. I think that you are going to have to run it by an NC family law attorney. The fact that the first county wouldn't even accept your modification case is odd enough that you are going to need someone well versed in local family law.

Okay. It was the clerk of family court who told me she believed I would be wasting my time filing as we haven't lived there in years. I will look for a local attorney who can work this out.

 

[Zigner]

Okay. It was the clerk of family court who told me she believed I would be wasting my time filing as we haven't lived there in years. I will look for a local attorney who can work this out.

It's a shame that the clerk went beyond her legal capacity to advise you in that manner. It was entirely inappropriate. A local attorney is a good choice for you...

 

[Wandering20]

It's a shame that the clerk went beyond her legal capacity to advise you in that manner. It was entirely inappropriate. A local attorney is a good choice for you...

Legally was she wrong or should I just file the papers and "waste my time" as she said it?

I need to modify child support as the other parent is no longer exercising shared custody and is seeing kiddo only 4-7 days a month, so I don't feel like this should require an expensive attorney.

 

[Zigner]

Legally was she wrong or should I just file the papers and "waste my time" as she said it?

You really ought to consult (at the very least) with a local attorney. I believe that she (the clerk) was legally wrong to give you what amounts to legal advice.

I need to modify child support as the other parent is no longer exercising shared custody and is seeing kiddo only 4-7 days a month, so I don't feel like this should require an expensive attorney.

Again, at least speak to an attorney for guidance.