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  1. #1
    Join Date
    Jun 2015
    Posts
    2

    Default Can You Change Venue to Get a Different Judge for Your Custody Case

    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.

  2. #2
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Change of Venue to Judge Shop and Possibly Modify Current Order

    You are a legal stranger and have absolutely no rights in this situation. You are no one. Learn your place and have the actual parent post.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Change of Venue to Judge Shop and Possibly Modify Current Order

    It's not going to be a CoC in terms of custody changing. Let me clarify though - the order is out of LA County, she's moved to SD county and Dad is also in SD County?

    Venue might be changed, but it's not going to benefit her. They'll have the same information as LA County. But let me check something real quick.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Change of Venue to Judge Shop and Possibly Modify Current Order

    If everyone is living in San Diego County, LA County has no business with the case anymore. The change of venue will be granted for more than one reason, including that San Diego County is now an inconvenient forum. Not to mention... LA County would LOVE to get rid of bunch of cases that no longer belong in the county.

    As for the rest of the stuff. I make it a habit not to answer questions from someone who can't evoke any change, so have dad come on here and ask all the questions he'd like, but you posting the case name on the internet, when you're an uninvolved third party who happens to be dating with and sleeping with a married man is just plain stupid.

    This is why third parties shouldn't post. They often do much more harm than good an if I got bored enough, I'd just pull the case and have a talk with the judge which would not go well for you or this married man.

  5. #5
    Join Date
    Jun 2015
    Posts
    2

    Default Re: Change of Venue to Judge Shop and Possibly Modify Current Order

    Thank you very much. My chief concern is that a change of venue would, in some way, benefit mother.

    The order is out of LA County, however father has lived in SD county for over six months and mother changed her address to SD county last month.

    - - - Updated - - -

    Quote Quoting CourtClerk
    View Post
    If everyone is living in San Diego County, LA County has no business with the case anymore. The change of venue will be granted for more than one reason, including that San Diego County is now an inconvenient forum. Not to mention... LA County would LOVE to get rid of bunch of cases that no longer belong in the county.

    As for the rest of the stuff. I make it a habit not to answer questions from someone who can't evoke any change, so have dad come on here and ask all the questions he'd like, but you posting the case name on the internet, when you're an uninvolved third party who happens to be dating with and sleeping with a married man is just plain stupid.

    This is why third parties shouldn't post. They often do much more harm than good an if I got bored enough, I'd just pull the case and have a talk with the judge which would not go well for you or this married man.
    No case name was posted other than the public Montenegro case but I thank you for your response, nonetheless.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Change of Venue to Judge Shop and Possibly Modify Current Order

    Lucky for you, this doesn't concern you do you don't have to worry about it.

  7. #7

    Default Re: Change of Venue to Judge Shop and Possibly Modify Current Order

    Quote Quoting daddysboys
    View Post
    Thank you very much. My chief concern is that a change of venue would, in some way, benefit mother.

    The order is out of LA County, however father has lived in SD county for over six months and mother changed her address to SD county last month.
    It should properly be in SD County since both parents live there. Your concerns are really moot soory.

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