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  1. #1
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Change of Venue and Moving

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

    So my husband has primary custody with the mother getting the 1st, 3rd and 5th weekend along with half of summer and half of holidays. The ex is wanting full custody and has even told my step son that she will file for full custody once my step son turns 12 years old. She believes that at 12 years old my step son will be able to chose whom he wants to live with. I know that he can't because he's not 18 but his wishes are included in the decision. There is no abuse. The main problem that step son has with us is that we don't let him do what he wants (hours on end of TV and video games, chores, homework) and he says he wants to get to know his mom and play with his brother. To me this doesn't seem like reasons to transfer custody over. His mom came back into the picture almost 4 years ago, so him wanting to get to know his mom seems weird to me.
    Either way, the mom and dad live in different but neighboring counties. In the court order, it states that we can only live in those counties without any permission from the other parent. My husband and I are in the process of buying a short sale house in the county that she lives in. My step sons birthday is in August.
    If, let's say, the court date is after we move into the other county, can we ask for a change of venue AFTER she files?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Change of Venue and Moving

    If you are stating that once you move, both parents and the child will be domiciled in a county other than the one from which the custody order was issued, if a motion is filed after the father moves he can petition the court to change venue to the new county. It's not guaranteed that the court will do so, but it's possible.

  3. #3
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Change of Venue and Moving

    I'm wondering if she files, then we move, can we ask for a change of venue after she files buy before the court date?

    - - - Updated - - -

    Any ideas anyone?

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