When one parent moves with children from a different state to North Carolina, it may be necessary to transfer the custody or child support order. This is suggested when the terms of the original order make it hard for parents to continue to comply. An example would be when the distance between the 2 parents’ residences makes it difficult to follow the terms of the original order. Transferring the order is a two-part process.
Completion of step one of this process will allow the Court in North Carolina only to enforce the terms of the original custody or child support order. To modify or change the original custody or child support order, a second step must be completed.
In step one, your North Carolina attorney will register the out of state order, also referred to as a foreign order. Your attorney will prepare & file the registration request. The other parent will be served, & a hearing will occur a North Carolina District Court Judge. Once the Judge confirms the registration, the original custody or child support order can be enforced by the North Carolina Court.
In the second step of this process, the original state must relinquish jurisdiction. Relinquishment can be requested either in North Carolina or in the state where the original order was issued. After the original state gives up jurisdiction, the North Carolina District Court will have authority to modify the original custody or support order.
It can be difficult to go through the legal system on your own, especially if you do not know how to transfer the custody or child support order. If you are in possession of an out of state custody or child support order that needs changing, please contact The Law Office of Steven Robertson. Our experienced & skilled attorneys can help you through this process. Our office serves the following North Carolina counties: Guilford, Rockingham, Randolph, Forsyth, Davidson, Alamance, and surrounding communities.
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