My question involves a child custody case from the State of: California
My significant other is currently in the midst of a nasty divorce (a divorce that has lasted longer than the marriage) in which custody was bifurcated. The custody order was a final written order referencing Montenegro vs Diaz. The three boys (aged 3,2,1) were ordered to be under father's sole care, legal and physical, and mother was given 3 weekends monthly (no overnight visits) and mid week visits for two hours to be under monitor supervision. She was found to have perpetrated 'abusive and risky behaviors' toward both father and children by the court in his 24 page written ruling. The mother submitted a Petition for Writ to the appellate court which was summarily denied. As of this day, the order is not yet two months old, and she has filed an RFO to change the venue to another county. (We live in San Diego county and have for over six months, however, the court is in LA County). The court has heard 19 days of testimony, 15 of which were heard while the father lived in a separate county. The mother claims that she moved to SD County in April to be closer to the children, however, all visitation with them has taken place at her now 'former' place of residence in LA County. She has not filed a motion to change the child exchange location and further, the home that she states she lives in was placed on the market less than 2 weeks from her stated move in date so it is highly unlikely that this is a permanent place of residence. To further that point, her employer is in Orange County, 1.5 hours from her new residence.
To get to my question, what is the likelihood that a change of venue will be successful? We would prefer to remain with the same judge given the sheer volume of testimony heard, the knowledge of the case, the findings of her lack of credibility. We feel as though she is using this latest tactic as a method to judge shop and subsequently file new custody motions under change of circumstance. This individual has attempted to portray rape, abuse, even attempted to stage an assault (one day prior to the financial hearing in which she was asking for 10k monthly in support) that was, luckily, recorded as all exchanges at that time were recorded by the father to prevent or capture this type of behavior (the assault ended up with her father being on the receiving end of a DVTRO).
My next question would be what is the likelihood that her move could constitute a change of circumstance with regard to custody?
I thank everyone and anyone for reading this and offering up any advice/knowledge. This has been an incredibly trying time and any knowledge is appreciated and will do a great deal in assauging my fear.

