Can the case be moved to the county where we live, or does it have to stay where it was filed? – North Carolina

Short Answer

In North Carolina, a child support case does not automatically move just because the defendant lives in a different county. The court can change venue if the case was filed in an improper county and the defendant makes a timely written demand, or if the judge decides a transfer would better serve the convenience of witnesses and the ends of justice. Because there is an upcoming court date, timing matters—venue objections can be waived if not raised promptly.

Understanding the Problem

In a North Carolina child support case, can the defendant ask the court to move (transfer) the case from the county where it was filed to the county where the defendant and family live, especially when a summons has been served and a court date is coming up? The decision usually turns on whether the original county is a legally proper venue and, if it is, whether there is a strong reason to transfer the case anyway.

Apply the Law

Venue is the county where a case is heard. In North Carolina, a court can change venue when the case was filed in the wrong county and the defendant timely demands the proper county, or when moving the case would promote the convenience of witnesses and the ends of justice. In family cases, the “right” county often depends on the type of claim and where the parties (and sometimes the child) live or are present. The main forum is North Carolina District Court in the county where the case is pending, handled through the Clerk of Superior Court’s office for filing and the District Court calendar for hearings.

Key Requirements

Identify whether venue is improper: Determine whether North Carolina law allows the case to be filed in the current county (for example, based on where a party resides or other venue rules that apply to the specific type of support claim).
Act before the deadline to respond: If venue is improper, the defendant generally must raise it promptly (typically before the time to answer expires), or the objection can be treated as waived.
Show a reason for discretionary transfer: Even if venue is technically proper, the judge may transfer the case if witness convenience and fairness strongly favor another county.

What the Statutes Say

N.C. Gen. Stat. § 1-82 (Venue in all other cases) – Provides the general rule that many civil actions are tried in a county where a plaintiff or defendant resides at the start of the case, subject to statutes allowing a change of venue.
N.C. Gen. Stat. § 1-83 (Change of venue) – Allows a required change when the case is filed in an improper county if the defendant timely demands it, and also allows a discretionary change for witness convenience and the ends of justice.

Analysis

Apply the Rule to the Facts: The case is pending in a different county than where the family lives, and there is an upcoming court date. Under North Carolina law, the first question is whether the filing county is legally proper for this type of child support claim; if it is not, the defendant should raise venue promptly in writing or by motion so the objection is not lost. If the filing county is proper, the case can still sometimes be moved, but that usually requires persuading the judge that the other county is meaningfully more convenient for witnesses and fairer for the case going forward.

Process & Timing

Who files: The defendant (the person served). Where: File with the Clerk of Superior Court in the county where the case is currently pending (the filing county). What: A written request/motion to change venue (and, in many cases, a responsive pleading that preserves the venue objection). When: If arguing the county is improper, it generally must be raised before the time to answer expires under the venue statute.
Hearing and scheduling: The court may address venue at the next District Court setting or may set a separate hearing. Timing can vary by county and calendar congestion, so a pending court date should be taken seriously even if a venue request is filed.
Transfer mechanics: If the judge orders transfer, the file is sent to the new county and future hearings are scheduled there. Until a transfer order is entered, the case usually remains active in the original county.

Exceptions & Pitfalls

Waiver by delay: Waiting too long to raise venue can forfeit the ability to force a move, even if another county would have been preferable.
“Convenience” is not automatic: A request based only on travel inconvenience may not be enough. Courts often look for concrete reasons tied to witnesses, evidence, and fairness—not just where a party lives.
Do not ignore the current court date: Filing a venue motion does not necessarily cancel a hearing. Missing a setting can create serious problems, including orders being entered without the defendant’s input.

Conclusion

In North Carolina, a child support case can sometimes be moved to the county where the defendant lives, but it does not move automatically. If the case was filed in an improper county, the defendant generally must raise venue in writing before the time to answer expires, or the objection may be waived. If venue is proper, a judge may still transfer the case for witness convenience and fairness, but that is discretionary. The next step is to file a motion/request to change venue with the Clerk in the filing county promptly.

Talk to a Family Law Attorney

If a child support case was filed in a different North Carolina county and there is an upcoming court date, our firm has experienced attorneys who can help evaluate whether venue is improper, preserve deadlines, and request a transfer when appropriate. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.