Legal Question in Family Law in California

change of venue and child custody

My ex-fiance and I have split custody of our children. Neither of us live in the county in which the order was made. I have strong reasons and witnesses to believe that he is totally unfit to father my daughter at this time. He has been very lax on allowing visitation. He sometimes does not answer his phone for weeks. I did move to California from Indiana, he says that's the reason, although he has never paid for any transportation costs. Can I file change of venue, even though she is with him (the other child is with me)? Is the the first step for taking custody? I'd rather he just agree to send her here, but I don't think it will be that easy, He has to make a good show out of it first. What should I do first? I don't have unlimited income. But he has NO income to speak of.


Asked on 2/20/08, 3:27 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: change of venue and child custody

the first thing you should do is hire an attorney. really. if you can't do that then you might to consider starting by registering the out of state order in the court of your jurisdiction. unless the order specifies the court of jurisdiction, then file an OSC regarding the modification of your current order.

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Answered on 2/21/08, 7:13 pm


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