How do I get the originating court to confirm and transmit the transfer so a judge where the child lives can hear the case? – North Carolina

Short Answer

In North Carolina, a custody case file does not “move” automatically just because the child moved. When another state (or county) needs the record to decide jurisdiction or hear a related case, a North Carolina judge can communicate with the other court and the clerk can send certified copies of key custody records on request. In practice, the fastest way to fix a “missing transfer” is usually to (1) identify the correct originating file number and order, then (2) ask the clerks and, if needed, the judges to coordinate and transmit certified records.

Understanding the Problem

In a North Carolina child custody matter, what happens when a grandparent or parent is told a case was transferred to another court, but the court where the child now lives cannot locate the file or assign a case number? The decision point is whether the originating North Carolina court can confirm what was (and was not) ordered, and then send the record the receiving court needs so a judge where the child lives can determine jurisdiction and proceed. The practical trigger is the receiving court’s need for a verifiable case identifier and certified copies of prior custody orders and filings before it can open or link a case.

Apply the Law

North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for interstate custody issues. Under the UCCJEA, courts may communicate with courts in other states about custody proceedings, and North Carolina courts must preserve custody records and, on appropriate request, forward certified copies to another state’s court or law enforcement. Separate from interstate jurisdiction, a “transfer” can also be misunderstood as an administrative step; even when jurisdiction changes, the receiving court often still needs certified copies rather than a physically transferred file.

Key Requirements

Identify the originating case and current order: The originating county’s clerk and the receiving court typically need the case number, the most recent custody order, and clarity on whether the order is final, temporary, or has been modified.
Use court-to-court coordination when jurisdiction is in question: North Carolina judges may communicate with another state’s judge about a UCCJEA custody proceeding, and the parties must get appropriate access to the record of that communication in most situations.
Request certified records through the clerk: North Carolina courts preserve the custody file until the child turns 18 and must forward certified copies of pertinent records when another state’s court (or law enforcement) makes an appropriate request.

What the Statutes Say

N.C. Gen. Stat. § 50A-110 (Communication between courts) – Allows a North Carolina court to communicate with an out-of-state court about a UCCJEA custody proceeding and sets rules for party participation and keeping a record.
N.C. Gen. Stat. § 50A-112 (Cooperation between courts; preservation of records) – Requires preservation of custody records and provides for forwarding certified copies to another state’s court upon appropriate request.

Analysis

Apply the Rule to the Facts: The prior custody order was entered in another jurisdiction, and the child now lives elsewhere with the other parent. If the destination court cannot locate a “transferred” file or assign a number, that usually means it has not received certified records tied to an identifiable originating case. Under North Carolina’s UCCJEA framework, the fix is typically to confirm the originating file details and prompt clerk-to-clerk and judge-to-judge coordination so certified copies of the custody record can be transmitted and the receiving court can proceed.

Process & Timing

Who files: Usually a party to the custody case (or that party’s attorney); sometimes the receiving court initiates a direct request. Where: Clerk of Superior Court in the originating North Carolina county (civil file), and the receiving court’s clerk/judge in the state where the child lives. What: A written request for certified copies of the custody order and key pleadings; and, if needed, a motion asking the North Carolina judge to schedule a UCCJEA conference (court-to-court communication). When: As soon as the receiving court reports it cannot locate the case or assign a number.
Clerk-level confirmation: Ask the originating clerk to confirm the case number, parties’ names as captioned, and the date of the last custody order; then request certified copies for transmission. If the receiving court needs the documents sent directly court-to-court, provide the receiving clerk’s contact information and request that method.
Judge-to-judge coordination if the receiving court needs jurisdiction clarity: If the issue is not only “missing paperwork” but also which state has authority to hear a new custody or modification request, ask for a UCCJEA communication between the two courts so the judges can coordinate and reduce conflicting proceedings.

Exceptions & Pitfalls

“Transfer” vs. “registration” vs. “new case filing”: Many courts do not treat custody matters like a transferable file in the way criminal or some civil matters might be transferred. The receiving court may need a new filing plus certified copies of the prior order(s) rather than a physically transferred case.
Missing UCCJEA information: UCCJEA cases often require detailed information about where the child lived and whether any other custody proceedings exist. Incomplete information can delay opening the case and can lead to stays or dismissals if another case is pending elsewhere.
Certified vs. non-certified copies: A receiving court frequently will not rely on an uncertified copy for jurisdiction or enforcement purposes. Asking for “certified copies” and confirming what documents the receiving court wants helps avoid repeat requests.
Sealed addresses and safety concerns: If safety is an issue, North Carolina law allows certain identifying information to be protected in UCCJEA filings; that can affect what can be transmitted and to whom, and it should be handled carefully.

Conclusion

In North Carolina, when a custody matter is said to be “transferred” but the court where the child lives cannot find it, the practical solution is to confirm the originating case number and most recent custody order, then have the originating clerk transmit certified copies and, if jurisdiction is contested, have the judges communicate under the UCCJEA. The clearest next step is to submit a written request to the originating Clerk of Superior Court for certified copies and direct court-to-court transmission immediately after the receiving court reports it cannot assign a case number.

Talk to a Family Law Attorney

If a custody case was supposed to move to the court where the child now lives but the receiving court cannot locate the file or assign a number, our firm has experienced attorneys who can help clarify jurisdiction, coordinate with clerks, and request the certified records the judge needs. 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.