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Venue and Custody
Until very recently I lived in NJ. Last month I relocated to a different state. My 1998 divorce and all subsequent issues have been decided in the county of my previous residence. Now neither I, my ex-wife, or any of our un-emancipated children live in the county that has always been the venue for our filings with the court.
My 16 year old has decided that she wants to come and live with me and her step-mom in the new state. Her mother has indicated that she will not stand in the way of this move, although I have my doubts about that based on previous experiences. When it comes right down to signing off on the changes, I expect her to balk. Nevertheless, I suppose the first step for me is to present my ex with a proposal for the necessary changes that need to be made in our divorce agreement regarding residential custody and adjustment of child support. Whether we can reach an agreement on the changes or not, it seems silly to file this with the county court where none of us live. Although I have no objection to changing venues, I do not want to assume the whole burden of having to travel 1200 miles each way whenever this or any other future issue resolution requires my presence in court. So... I assume that she will want venue changed to her county, while I will want it changed to mine, and I also assume that it has to be one or the other. Since I will be the one initiating this filing, should I address the change of venue at the same time as the custody / support issues, and if so, will the "old" county be inclined to ship the case to the new venue and let the new court decide the other changes? It seems that the venue question could substantially delay any final resolution or the other issues. This needs to be settled in time to get my daughter enrolled in her new high school by mid August. Any help or suggestions are greatly appreciated.
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Re: Venue and Custody
File the motion in the county where the children and other parent have been living (assuming they've been there at least six months)