Legal Question in Family Law in California
Unknown to my ex husband and I, we did not follow through on finalizing our divorce back on the original divorce date of 3/10/06. Now he has filed some kind of motion to transfer the divorce case from the original county we were in (Sacramento, Ca) to the county he is now living in (El Dorado, Ca). I too am in a different county now, Monterey, Ca. I think he also might have put in a request to modify it and is possibly going for full custody or our two kids instead of the joint we have been doing. What does this all mean for us/me?
1 Answer from Attorneys
It appears that he is attempting to have the case moved to the court that is closest to his home. You shoulc consider requesting that the case be moved to Monterey County. That will help you by reducing your travel expense. You should not raise that as an issue in your request to move the case to Monterey County. The reason for the move to Monterery County is that the information about the children is located in Monterey County. Ready availability of information about the children will assist the court in making a decision regarding the best interests of the children.
Once the court orders the case moved to another county, that court loses jurisdiction to make further orders. After the court makes it order to change venue nothing occurs until the filing fee for the new court is paid and the transfer fee if paid the the court that made the order. If a single check is sent to the court nothing is done until the check has been paid by the bank. The court typically waits for thirty day for the check to clear. There is a 30 to 90 day delay from the time the transfer order is made until the case is filed in the new court. When the court orders the transfer of the case ask the court to have him post the necessary filing and court fees before the order become effective.
He may be attempting to get a temporary order giving him temporary custody before the case is transferred. That would give him a thirty to ninety day time in which you could not take any action to change the temporary order.