Legal Question in Family Law in California
change of venue
My ex-wife said she was going to file for change of venue for our child custody case. We have had the same judge for two years. Is there such a thing in family law? Neither one of us have moved out of the area.
3 Answers from Attorneys
Re: change of venue
Venue can be changed in family law cases. There is a family code section which provides for a change of venue if neither parent continues to live in the county. A change in venue could also be granted if the children and a parent move out of the county and live in another county for a long period of time. If both of you and the children still live in the same county there would be no legal grounds for changing venue. Thus she could file a motion for a change of venue, which should be denied.
Re: change of venue
There is a process in family law for change in venue; however, there must be good reason for the change. If there is no good reason then you can file an opposition and it is likely that the request will be denied.
Perhaps the mother thinks she will have a more sympathetic judge elsewhere but if that is the only reason for the request, then it is likely that the request will be denied.
If you have sufficient funds, you should retain a competent family law attorney to assist you in defeating the motion.
Regards, Damian Nolan.
Re: change of venue
Sounds like sour grapes, but doubt it will be granted unless valid claims re action of judge beyond discretion, etc. You can do opposition and it will be considered. Likely, unless aggregious problem re action of judge, not grant change.