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?

Asked over 2 years ago - 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)

  1. John Noah Kitta

    Contributor Level 19

    Answered . 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
    Fremont,
    (510) 797-7990

  2. Jeffrey M Moore

    Contributor Level 9

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,646 answers this week

2,995 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,646 answers this week

2,995 attorneys answering