Hesperia, CA asked in Child Custody for California

Q: What can I do if the other parent files an ex parties for child custody in a different county if we already have a case

We already have a case open in one county and she has been denied a change of venue but she files a ex partie hearing in a different county for custody can she do that ? And do I have to go to that ex partie hearing ?

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3 Lawyer Answers

A: it might depend on the question being addressed in each county, but in general, i would say no. You cannot have two simultaneous cases in separate counties seeking custody. You should go to the ex parte in the second county to tell that judge that there is already a case open and the mom here already tried to change the venue and the first judge denied it. If you don't go to the ex parte, that judge won't know about the case in the first county and will make orders on that incorrect assumption.

A: Filing in another county is inappropriate when a judge in your county denied her request. She could have filed a motion for reconsideration or an appeal if she believed the judge made an error. Without more facts, I do not see a way for her to prevail in the other county. People can file

A: (Accidentally pressed send). People can file in court, but that doesn't mean they can prevail. I doubt she listed your current case on the paperwork that was filed with the court letting the judge in the new county know about the current case and orders. You may want to make a special appearance and show up letting the judge in the other county know about the current case just in case something goes wrong if you're not there. Consider consulting with a family lawyer. Most family lawyers offer a free initial consultation, and you should consider taking advantage of it.

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