Moving to a different county, does my court case go there too?

[PotreroHill]

What is the name of your state (only U.S. law)? California

I currently live in San Francisco County. I anticipate moving a few miles away in early 2011. When I move, I will live in San Mateo County. My exhusband and I have joint physical and legal custody of our son. He lives with me about 75% of the time though. Next year after I move and I need to file for mediation again, do I file in San Mateo County where my son and I will be living? Or since we originally had our court case in San Francisco County in 2010 does it always stay in SF County?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I currently live in San Francisco County. I anticipate moving a few miles away in early 2011. When I move, I will live in San Mateo County. My exhusband and I have joint physical and legal custody of our son. He lives with me about 75% of the time though. Next year after I move and I need to file for mediation again, do I file in San Mateo County where my son and I will be living? Or since we originally had our court case in San Francisco County in 2010 does it always stay in SF County?

If your ex remains in San Francisco county then jurisdiction will remain in San Francisco county.

 

[BL]

What is the name of your state (only U.S. law)? California

I currently live in San Francisco County. I anticipate moving a few miles away in early 2011. When I move, I will live in San Mateo County. My exhusband and I have joint physical and legal custody of our son. He lives with me about 75% of the time though. Next year after I move and I need to file for mediation again, do I file in San Mateo County where my son and I will be living? Or since we originally had our court case in San Francisco County in 2010 does it always stay in SF County?

Where does your exhusband live ?

 

[PotreroHill]

He lives in San Francisco.

I was hoping the case would move as our judge has a horrible reputation.

 

[LdiJ]

He lives in San Francisco.

I was hoping the case would move as our judge has a horrible reputation.

Nope, its not going to move.

 

[PotreroHill]

Nope, its not going to move.

Darn

If both my ex and I move to different counties then would the case move?

Grasping at straws here. I looked online at our judge's reputation and she is rated as being extremely biased against women. Stbxh and I had a mediation hearing yesterday where we agreed on most things, but there still are a few things to iron out including child support, so we have a hearing at the end of this month. I wanted to add into the custody papers that stbxh can't take our baby to his work (at a restaurant) because it is a safety issue and that he needs to get a land line. Stbxh said via email that he does not get cell reception where he lives and that has hindered our communication about our son.

Maybe I should start a different thread for those issues

 

[TheGeekess]

Darn

If both my ex and I move to different counties then would the case move?

Grasping at straws here. I looked online at our judge's reputation and she is rated as being extremely biased against women. Stbxh and I had a mediation hearing yesterday where we agreed on most things, but there still are a few things to iron out including child support, so we have a hearing at the end of this month. I wanted to add into the custody papers that stbxh can't take our baby to his work (at a restaurant) because it is a safety issue and that he needs to get a land line. Stbxh said via email that he does not get cell reception where he lives and that has hindered our communication about our son.

Maybe I should start a different thread for those issues

We prefer you keep all your questions in one thread.

 

[birdbrain53]

I live in California (Bay Area).

Your case will stay in the jurisdiction of San Francisco County until both parties (you and Dad) move out of San Francisco County. Once that happens you can file a motion in San Francisco to change venue to the county the child(ren) live in.

San Mateo is not so far that you can't go up to SF for court anyway.

Just a note here about moving: you will have to file a move away case in San Francisco County Superior Court BEFORE you move. If the judge is as father friendly as you say, you may be able to move but the father might get primary custody and you may be ordered to pay support to him. IF you really need to move then you should either get an attorney who is experienced with move away cases or become very familiar with move away case law (google La Musga) and be very persuasive in your moving arguments. Or get father's permission and file a stipulation. Be prepared to pay for and do all the transportation if you are granted permission to move. Be prepared to show the judge that you are actively going to foster the relationship between father and child.

HTH