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 complete answer or researched legal opinion. It is the policy of this firm to enter into a written fee agreement with all clients, and this answer does not create an attorney
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
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