Legal Question in Family Law in North Carolina

I had a non family member “third party” custody case in NC . I am the defendant. The case was dismissed with prejudice, with the judge stating the plaintiff was a legal stranger and had no standing to bring the case. This plaintiff has filed for an appeal (For a new trial). My question is about jurisdiction. I moved to another state. But it was only a few days before the verdict was reached. I know the appeal has to take place in NC due to jurisdiction. If the appeal awards him a new trial, after 6 months, would that trial have to stay in NC? Or would I be able to ask for it to be transferred to the state where my child and I live, which is over a thousand miles away.


Asked on 5/07/21, 5:17 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If there was someone who was not family trying to get custody of my child, I don't think I would even bother with the legal system to remedy that problem. That said, if the case was dismissed with prejudice, the only thing the creepy non-family stranger who wants to use the law to steal your child can do is appeal the dismissal - not the case, as the case was never heard. Based on your description, the odds of that being successful are likely less than slim and none. Typically even grandparents who are family don't have standing to sue for custody let alone someone who isn't family. Basically, at this point it appears there's nothing to worry about until there's something to worry about. If by some miracle the dismissal is set aside and the case remanded for a new trial. - yes, you can potentially move to change venue. Best of luck.

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Answered on 5/07/21, 6:17 pm


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