Legal Question in Family Law in California

Change of Venue?

If a divorce and custody arrangement occurred in Orange County and both ex-spouses now live in Los Angeles County, how would the parent without physical custody begin proceedings to file for physical custody? Does a change of venue have to be filed? If so, where and how do you begin?


Asked on 11/11/04, 1:07 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Change of Venue?

You should file a motion in Orange county and request visitation. Request that a new visitation order be made prior to any change of venue order. There is a 45 to 60 day delay following the order for a change of venue is made. During that time the case is in limbo. There is also a charge for the transfer and the filing fees for LA county must be paid.

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Answered on 11/13/04, 1:38 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Change of Venue?

In a general sense, a modification would have to be filed in the court that issued the underlying Judgment (Orange County), unless both parties stipulate to a change of venue to Los Angeles County.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/11/04, 11:06 am


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