Legal Question in Family Law in Florida
My husband and I took custody of his 14 year old daughter last year. She lives in Leon county with us, but the original divorce/custody was in Walton County where her mother still resides. The mother is an alcoholic who pays her child support sporatically, every 2 or 3 months and misses visitation regularly. We meet in Marianna, Florida, so it's a drive for us and a waste of gas when she's a no show. We would like to have venue changed to Leon county because it's a hardship on us to travel to Walton County to file for contempt or modifications. We both miss a day of work and my husband's daughter misses a day of school. Can we have venue changed.....we've been told it's rare a judge will do that if the non-custodial parent still resides in that county.
1 Answer from Attorneys
It's rare, but possible. Make sure you explain in your motion for change of venue how all the witnesses live in Leon County (teachers, psychologists, family, etc.), and much easier it would be if the trial were held in Leon County, assuming that's all true.