Legal Question in Family Law in California
how to prove venue
Case Summary: I need to know if I need a change in venue
Case Description:
Body: I live and filed for support,custody, and visitation and was awarded sole legal and Physcial because of a history of domestic Violence and my husband didn't show up for court in san mateo county. My ex also has no visiting rights of our three year old .
My ex lives in San diego and has now filed for divorce and visitation in his county which is nine hours away.
Because he filed and I was served and was requered to respond. I didn't want to responed so San Diego court told me I had to file a order to Show Cause for change in venue are they would default the case.
I can not afford the trip and wanted to know if I had to prove that is county has Venue on the case. The DA is trying to collecting support for me and they told me this county has venue on the case. HELP
2 Answers from Attorneys
Re: how to prove venue
Get a certified copy of the San Mateo County court order for visitation and send it to the court in San Diego County. Also send proof that you still reside in San Mateo COunty. Send a letter requesting that the court dismiss the San Diego case as there is already an open case in San Mateo.
Re: how to prove venue
It will probably be necessary for you to file a motion to dismiss the case in San Diego County. Did you file a dissolution action or simply obtain a custody and support order? If you did that, how would you proceed, other than a dissolution? Something is missing in this equation. Pat McCrary