Q: Can a divorce/child custody case be moved to a different county, court jurisdiction?
Our case was filed and ruled on in Mendocino County. My ex put a restraining order on me last year when I had a mental break down, I had no lawyer he did. He has full custody of our 14 year old daughter. I am now wondering if we could move the case to Sonoma County since he has moved to another county and his lawyer is located here in Sonoma County as well.. I have issues that I would like brought up like communicating to him through the child and I am not contact his lawyer or him and would like to be able to have a way to communicate that would work for both. Please advise I don't have much income currently. But need legal help and would like for him to have to answer for what he has done in the past few months.
A:
The venue of a family law case can be changed if none of the parties still are in the venue in which it now exists. This is done by filing a Motion for Change of Venue.
At the time the motion is heard the court is going to consider various things to determine if the venue should be changed, such as the location of the witnesses and other evidence, the residence of the parties and the children in a child custody/child support case and the convenience of moving the case to a different venue versus keeping the case where it is.
Every court is a little different on how they apply the rules so you should consult with a professional that can look at the particulars of your case.
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