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?


Asked on 5/22/09, 1:51 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 5/27/09, 12:17 am


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