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.


Asked on 3/29/04, 1:15 am

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 3/30/04, 10:12 am
Damian Nolan Law Offices of Damian M. Nolan

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.

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Answered on 3/30/04, 4:00 pm
Donald Holben Donald R. Holben & Associates, APC

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.

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Answered on 3/30/04, 6:18 pm


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