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milkshake
11-17-2006, 01:05 PM
My friend kid move to North Carolina a few years ago and the original order was done in virginia. Will he have to do the modification in VA or can he do it where the child is currently residing? He was told that the mother has to ask for the modification since she is in North carolina

xena
11-17-2006, 04:07 PM
My friend kid move to North Carolina a few years ago and the original order was done in virginia. Will he have to do the modification in VA or can he do it where the child is currently residing? He was told that the mother has to ask for the modification since she is in North carolina

A modification has to be filed in whatever court the order is already in. In a situation where neither parent lives in that state a change of venue will be needed. Usually if it's a CS order the order will be transferred to the NCP's state, if it's a custody order it'll be transferred to the CP/child's state.

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