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Who is Responsible to Transfer a Custody Case Between Counties

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  • 07-19-2010, 02:08 AM
    cginsberg76
    Who is Responsible to Transfer a Custody Case Between Counties
    Both my ex and I live in a different County than where our first court order was enforced. I have primary custody of our child so the law should be enforced in the County we reside in as I was told by our last visit to court. My child's father lives in a different State. The paperwork would need to be transferred to the County in which I reside, which I understand; however, if I don't have a need to go to court, but my ex feels the need to go, who is responsible for transferring the paperwork? I would assume you would say both of us, but if I don't have the money to transfer the paperwork nor see a reason to go to court and he does (which is the case), then would it be up to him to take care of the court fees to have the paperwork transferred?

    I live in California.
  • 07-19-2010, 10:41 AM
    NdK1009
    Re: Whom is Responsible
    In my experience with a similar issue, the burden of jurisdiction change fell to whomever was initiating the court proceeding. However, your ex, to be slightly difficult, could file in your old county and then you would have to respond in that county challenging jurisdiction, thus forcing the case to be transferred or re-filed in the correct county.
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