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  1. #1
    Join Date
    Jul 2011
    Posts
    11

    Default How Do I Get a Change of Venue

    My question involves a child custody case from the State of: Colorado

    I have a extremely complex case and have given up all hope for justice in Colorado. We have put in a motion to relocate to Iowa. There is joint custody, but the father has a long history of basically being an idiot regarding the minor child. There is an D&N case pending, but he has the money to afford a very good attorney who is making him mind his P's and Q's. We anticipate his case will be adjudicated and no record will remain. Meanwhile, social services and even my own court-appointed attorney act as if I am bothering them in my attempts to keep the effort to help the child active. Half the time my attorney tells me she is not going to do anything, and when I do flat out tell her what I need her to do (after several phone calls and emails not returned), she communicates with his attorney saying I am requesting something be done. She is not even up to speed with the case, and has not even showed up a couple times to hearings, and when she does, she is conversing with other attorneys about other cases and missing half of what is going on. How do I get a change of venue to Iowa, or at the very least, a different court-appointed attorney? i am SO FRUSTRATED. Thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Do I Get a Change of Venue

    Colorado has jurisdiction, and as long as one parent remains in Colorado, that's where jurisdiction will remain unless you are in Iowa long enough to meet the residency requirements AND Colorado is willing to relinquish jurisdiction.

    I've just gone over your other thread, and honestly Mom if he fights relocation I doubt heavily that it will be permitted.

    (Well, that's not quite accurate - you can move wherever you want. But the child can't)

  3. #3
    Join Date
    Jul 2011
    Posts
    11

    Default Re: How Do I Get a Change of Venue

    Thank you for your response. Ok, but can I get a change of venue to another jurisdiction in Colorado? Boulder is so liberal in its pro-father 50/50 rulings despite mountains of evidence to the contrary that it is amazing me, who considers herself liberal. Boulder has raised the bar regarding what constitutes abuse so high that basically the courts (and my so called attorney) are coming right out and saying tough, suck it up, your child will never see her family and you will never be able to change anything or leave. I of course am not okay with people telling me to lower the bar on raising my child. My so called attorney actually told me "You need to arrange your life to happen during the hours of your visitation (Tues to Sat evening). You can't ask for anything because your ex is unreasonable and he doesn't have to agree to anything." Excuse me? Is there anyway to circumnavigate this?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Do I Get a Change of Venue

    No, that's not really how jurisdiction works. You can't change just because you're not happy with how the local court tends to rule.

    I think part of the issue here might be that what you think is abuse wouldn't actually constitute abuse anywhere. Crappy parenting? Highly probable. But abusive? Not so much.

    Your family is free to visit you whenever you have your parenting time - there's nothing saying they can't visit. Things are always changeable if there is reason to change them. YOU can leave whenever you want - but the child cannot. There's a big difference.

    See what I'm saying?

  5. #5
    Join Date
    Jul 2011
    Posts
    11

    Default Re: How Do I Get a Change of Venue

    I see what you and everyone else is saying, but there is a D&N case still pending and the child is now failing second grade after narrowly avoiding being held back in first grade. The issue is the father refused to even allow her to be evaluated, or get therapy. I have been advocating for therapy since 2006. There is evidence that he showers , with her (age 7), sleeps with her nude and dresses in front of her, still they do nothing-apparently its not illegal. It floors me I even have to continue to advocate for her. Okay, he has rights to parent the way he wants, but my husband and I are left to pick up the pieces every week which affects our right to parent OUR way, not to mention the damage it is obviously doing to the child. Crappy parenting is an understatement. My 93 year old grandmother is unable to travel, so the child will never know her since I sure cant drive there and back in 4 days, and have you ever tried flying to Iowa? Astronomical and not feasible. Gr. So, what DOES constitute a change of venue?

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