Q: Can i file a motion for custody within the child's home state, but from a different county within that state?
I live in central Ohio, my ex lives in northern Michigan with my children. I would like to file the custody motion from a different county in Michigan so that me and my ex both travel the same distance. Otherwise, I have to travel 8 hours one way and he only travels 15 minutes. I end up having to take time off of work to make the trip.
A: No. Venue - or the proper court to file - typically depends on what county the child resides in. There are some other factors that help determine venue. But you certainly cannot file in a county just because it happens to be a halfway point, as that court would have no jurisdiction.
A court order or an agreement between you and your ex could state that parenting time exchanges occur at some halfway point. That is a quite common provision with parents in adjacent states especially.
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