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

Asked over 1 year ago - 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. Nadine Marie Jett

    Contributor Level 16

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    Answered . 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... more
  2. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

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    Answered . 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... more
  3. Catherine Caroline Forbes

    Contributor Level 7

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    Answered . 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. Stephen Ross Cohen

    Contributor Level 20

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    Answered . 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... more

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