Legal Question in Family Law in California
If all parties live in a specific county, can a modification of custody be filed in another county if the original order was filed in that other county? Or does the request for modification have to be filed in the county of residence? This filing is for an ex party hearing. It is being filed in San Bernardino County where the original custody order was issued but all parties live in Riverside County. If the ex party hearing is filed improperly is there a legal strategy to get it reassigned to the proper county?
1 Answer from Attorneys
The case remains pending in the county in which it was filed and the original orders issued. If both parties have moved out of the county, they can ask that it be transferred to the new county of residence, but until someone requests that and it is granted, the original county is the proper venue for further motions.
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