Legal Question in Family Law in Indiana

My daughter and her ex-boyfriend have a son, he has custody at this time. They are due to go back to court for custody. The only family court judge has heard past cases involving myself, my daughters father (who is deceased), as well as been her judge on criminal cases as a minor against my daughter. Due to our family not having a very good legal past in his courtroom and others, it seems this judge is very discriminatory as well as biased in his decisions and rules against her not because of the facts but because of her past. She was never offered legal council and when she did ask was refused (same judge). No one in our family has the money to hire an attorney but my past legal experience has taught me that we need a change of venue form Elkhart to nearby St. Joeseph in order for my daughter to get a fair deal.Her ex is now refusing visitation and says he will "hand over custody" of my grandson back to my daughter IF she drops a domestic violence case against him he has pendiing. How do does she file for a change of venue herself as well as represent herself?


Asked on 1/16/11, 9:15 pm

1 Answer from Attorneys

This is a forum for answering questions not for teaching how to practice law. Nevertheless. your daughter should look at the local rules for Elkhart County and the Indiana Trial Rules to determine what the law and procesures are for changing venue. Both can be found at www.in.gov/judiciary. She may also find templates concerning the formats for drafting motions and related documents as well as what the notice requirements are in the self help forum available there. She also may be able to locate practice materials and aids at the Notre Dame Law School Library. She should check to see whether it is open to the public. Good luck.

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Answered on 1/22/11, 5:01 am


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