Legal Question in Family Law in California
changing venue
my daughter's divorce was filed in pomona, CA. there is a custody issue that needs modification. the judge in pomona was extremely and obviously bias on the custody and visitation. The father lives in texas and has legal custody of the kids. my daughter wants to change venue to get out from under the judge in pomona and move it to Pasadena which is the venue of her residency. Can she get a change of venue and under what circumstances.
2 Answers from Attorneys
Re: changing venue
She needs to file a motion to request a change in venue based on the residence of the children.
Re: changing venue
If I read your question correctly the children live in Texas. If this is the case. She can request a change of venue to another county if neither parent currently lives in the county in which the case is currently pending. A request for change of venue to the residence of the children would result in the case being transferred to the jurisdiction in which the children currently reside. If they reside in Texas this would open the door for father to quickly and easily move the custody case to Texas. It will be more difficult to move the case as both locations are in the same county. She should consult with an attorney or the family court facilitator.
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