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Can Dad "change venue" in our family court case?

Merced, CA |

Parents have joint legal custody. Dad custodial. Mom noncustodial with several visits per year & summer. They Are in WA state. Mom in CA. Family court case began in CA before they went to WA. Most of childs family(except Dad) is in CA. There are on going custody/visitation issues in CA family court. Dad has retained an attorney, has ceased all communication with Mom(per advice of his attorney) and filed for "change of venue". Mom did respond to request for order, citing UCCJEA. There is a further hearing scheduled to address several matters (including request for change of venue). Help?

Attorney Answers 4

  1. Best answer

    The judge can grant the relief or deny the request. It sounds as though the child has significant contact with the state of California, as Mother is still in California. I have had it go both ways. Hard to say what the outcome will be.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.

  2. The short answer is "yes" he can file a Motion to Change Venue, and you really need to hire an attorney to address the factors a court will consider in granting the request.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

  3. I think venue is largely based on where the child resides, if child custody is at issue. I may be wrong of course and there are other factors that could change the analysis.

    This is not legal advice

  4. Where did the child live for the last six months? That determines where the child resides

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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