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How do I change jurisdiction in a child custody case from one county to another, not state to state?

Butte, MT |

I have a child custody case in Butte, MT, which is in Silverbow County. There are only 2 judges and the one I have is taking an unreasonably long amount of time to do things. The clerk says things are done "at the convenience of the court". How can I change jurisdiction from one county to another with more judges?

My child resides in that county, and I do not live in Montana anymore, I just want things to move more quickly, and preferably more in my favor.

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Attorney answers 2


That might not be possible in the middle of a case. You could withdraw it and refile it. You cannot typically shop for venues. Most counties have rules about which cases they will hear. You need to find out if they will even hear your case if there is no contact by you or the other party with the desired county. You really need an attorney to inform and guide you. Consult a local attorney regarding thr venue issue.

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My attorney said that I cannot withdraw my motion to modify a parenting plan once it has already started, is that true?

Mark Alan Mackin

Mark Alan Mackin


I sent my answer before I saw your comment. If you do not think you can rely upon your attorney, seek a second opinion from another attorney licensed in MT.


the county in which your original divorce or parenting proceeding was filed determines venue to start with. You will need a very good reason to change venue. You should consult a family law attorney for advice on the matter.

DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

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