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

Asked 12 months ago - San Diego, CA

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)

  1. Edna Carroll Straus

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more
  2. Richard Forrest Gould-Saltman

    Contributor Level 19

    3

    Lawyers agree

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

  3. Wail Sarieh

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.

    I can be reached at 714-542-6200, 9:00 a.m. to 5:00 p.m. Monday to Friday. Feel free to email me directly at... more

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