I would like for the venue of my child's custody case to be in the county we currently live in. I was previously told (or misunderstood) by a lawyer that the case would always follow me. I have now been informed that we will need a "transfer of venue" to be filed for proceedings to take place in my county. We were never married, the father has never met my son in the 3 years that he has been living, is over $20,000 behind in child support, and has made numerous attempts to go around court ordered visitation. However, we have lived in our current county for over a year without requesting a transfer. My first question is how to go about it, my second question is how likely is it that my request will be granted since I have waited this long? I don't have the funds for a lawyer and doubt anyone would take this case probono. How much of this can I do on my own so it doesn't stay sitting for another year?
A case does not "follow" anyone. A petition for transfer is filed coupled with another action once a child has resided in a new Texas county for more than 6 months if either party desires the case to be moved to that new county. Transfer is mandatory upon showing of 6 months' residence in new county. You should retain family law counsel to file your case. A transfer is normally not done unaccompanied by some post-judgment action of an enforcement or modification.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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