Legal Question in Family Law in California
Change of Venue
In the beginning of this year, my ex-wife moved out of California to Arizona. I have been living in Oregon for the past two years. She is threatening to file a request to change the venue of not only the child support case but also the child custody case. Can she file such a motion and would it be granted? I would prefer to keep it in California due to the fact that it would be more expensive for me to travel to Arizona to fight her on our custody issues which we have been fighting over this past year as well. I also can not afford the services of an attorney so is this something that I could fight in pro per? This is a scary thought to me because I just have learned how to file the necessary paperwork in order to modify visitation and custody orders. She has made threats like this before when we have been in serious disagreements over our two children so I am not sure if she will do this or not, but I want to make sure I know as much as I can before-hand. Thanks for any help you may give.
1 Answer from Attorneys
Re: Change of Venue
The court as a general rule will transfer a case to another state it two conditions are met. 1. Both parents and the children have moved out of the state. 2. There is a pending action in the state in which the children or children and a parent currently reside.