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.
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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.
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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
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 mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
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