Legal Question in Family Law in California
Change of Venue
My parenting agreement states
parties agree to use the county
where the parties resided at the time
the agreement was signed in 2001.
The kids and I moved to another
county 200 miles away in 2001.
Only one of the three children is still
a minor and my ex has become
unemployed and filed an order to
show cause regarding child support)
in his county. I want to move the
case to the county where our kids
and I live and file a motion to modify
visitation. My arguments towards a
change of venue are 1. The minor
child lives in the county I want to
move the case to and I have primary
custody 2. I'm employed and time to
drive back and forth 400 miles/round
trip would require lost time from
work. My ex is unemployed and
travel to my county would not result
in lost wages 3. I have a back
condition in which my doctor has
written me a note not to sit/drive
from prolonged periods as it
will exacerbate my condition. I've
been paying my ex to drive back and
forth to my county to pick up his
child for visitation, so he's already
traveling to my county (we usually
meet at a designated location at a
midway point for visitation). How do
I start?
1 Answer from Attorneys
Re: Change of Venue
So long as he lives in that county it will be difficult to get a court order for a change of venue. Depending upon the judge the agreement may be considered as a condition for your moving 200 miles away. Consult with an attorney to discuss the possibility of getting a change of venue.