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Can you ask a judge for a dismissal for a custody hearing if the person filing hasn't established residency in that County?

San Diego, CA |
Filed under: Family law

My ex moved, we were never married and moved from San Diego County to Placer county and has filed for Full custody. he hasn't lived there for 6 months and my child has never lived there. Can i ask the judge for a dismissal on those grounds?

Attorney Answers 3


Is there any earlier custody order or judgment? Did anyone ever file anything pertaining to the child with any court before this case?

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No actually there has never been any judgements or any filings with any court.


The required period for the county residency is 3 month; the 6 month is for California residency. You can file a motion to change venue but you cannot simply ask the judge to dismiss the hearing.

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You asked this question earlier. Jurisdiction would probably be proper in San Diego, but now tbat he has filed you are going to have to respond in Placer County.

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