Q: Change of venue for child custody.
I was awarded 100% physical and legal custody of my child in 2018 in California. I moved one county over from where the original case was opened in 2021. I am now requesting a change in venue, my ex is contesting it. What would I need to show the courts to justify the request? Are there any family codes to help justify the request or that would be against me?
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A:
In California, a change of venue for child custody cases is governed by Family Code Section 3421. This section states that the court can transfer a child custody case to another county if either of the following applies:
1. The child has resided in the other county for at least six months prior to the commencement of the proceeding, or since the commencement of the proceeding.
2. There is no current residence of the child in the county where the proceeding was commenced, and the petitioner, the respondent, and the child have significant connections with the other county.
To justify your request for a change of venue, you should provide evidence that demonstrates one of the above conditions. This could include:
1. Proof of your child's residence in the new county for at least six months (e.g., school records, medical records, or other official documents showing the child's address).
2. Evidence of significant connections to the new county, such as the child's school enrollment, your employment, and the presence of family and friends who provide support.
Additionally, you may argue that the change of venue would serve the child's best interests, which is the primary consideration in child custody cases under California Family Code Section 3011. Factors that could support this argument include:
1. The child's established routine and support system in the new county.
2. The proximity of the new county to the child's school, extracurricular activities, and healthcare providers.
3. The ability of both parents to participate in the child's life and attend court proceedings in the new county.
Your ex may contest the change of venue by arguing that it would not serve the child's best interests or that the child does not have significant connections to the new county. However, if you can provide strong evidence that meets the requirements of Family Code Section 3421 and demonstrates that the change of venue is in your child's best interests, the court may grant your request.
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