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How to I request a change of venue in a child custudy case to the county I lived in with my child half the time?

Concord, CA |

childs father is a judge in county she filed in, she also stated the child has been living in that county for the last four months full time when I had her half the time...

Attorney Answers 2


The facts as stated are nonsensical. You ask: "How to I request change of venue in child custudy case to the county I lived in with my child half the time? childs father is a judge in county she filed in" (i.e., you state you and a Superior Court judge are both the child's fathers).

In general venue for custody is the primary residence of the child at the date of filing of a case. If neither party resides in a county where an action is pending, the court may also consider the location of prior or additional litigation between the parties, the convenience of witnesses, and other factors in deciding whether to change venue. Although your facts are contradictory, it does not appear likely that a change of venue would be granted in this case.

This question is intended to be a summary of relevant California law where this attorney is admitted. It is not a complete answer or researched legal opinion. It is the policy of this firm to enter into a written fee agreement with all clients, and this answer does not create an attorney

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I mistakenly said childs father was a judge in the county where request was filed. I meant the childs grandfather, or the mothers father presides in the county where her motion was filed. The childs primary residence is in the county where I live and I have had her at least half the time since splittling with her mother 4 months prior to the motion being filed. I feel that the childs primary residence never changed since she continued to stay with me in my county at least half the time. Thank you for your answer and I hope I can have the case heard in my county. The wording states if the child lives in or can be found in the county where her mother filed then It seems it may be a legit request. I am just afraid of a biased judgement based on her father working closely to where this will be hear by a judge. I feel her primary residence never changed but unsure how the law will look at the matter. Thanks again and I hope this makes more sense.


Our office has maintained a family law practice in Alameda and Contra Costa County for the past 21 years. I have represented several thousand of individuals in family law matters.

The first issue is there any previous Court Orders or Judgment concerning the child custody issue? If this is a new Petition for Dissolution, your ex would have to reside six months in the State of California, three months in the county she presently resides in to establish jurisdiction and venue. If you meet the same requirements in the county you reside, then it would become a matter of who first served the other party with the moving papers. If she resides in that county for three months and the state for six months, and first served you, then you will be proper in that county.

I hope this is helpful.

John N. Kitta
(510) 797-7990

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