Can you change courts in a child custody case if you’re the defendant? For example, MoCo to PG or PG to Cecil County?
3 attorney answers
If it is by consent of the parties, it is possible to get it transferred. Without consent you would have to show why the other court is more convenient. If the court agrees it can transfer the matter.
this is general information and not providing specific legal advise nor is it creating an attorney/client privilege nor an attorney/client relationship.
There are Rules regarding changing the court. if you have already filed an Answer, you are prohibited from changing the court. You can't even ask.
Even if it is possible to do so, the court does not have to agree to change. You must have good reason such as all the witnesses are in another county or the child's school/daycare and life basically is in the other county, If you just don't like which county it is filed in, then you are highly unlikely to get the change.
It is better to hire an attorney to help you nagivate the case rather than try to change the court.
Answering this question does not constitute an attorney-client relationship. Questioner should consult an attorney licensed in the questioner's jurisdiction to ensure accuracy of information provided.
It is possible to change the venue if the parties agree and the Court goes along with the request. That said, it doesn't happen often. If the case was just filed you should object to the venue immediately and request dismissal or in the alternative a change of venue. The key question, I believe (and defer to family law practitioners) is where has the child been living, going to school, etc.
I recategorized from mediation to child custody in hopes of getting you better responses.
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