change of venue protocol

What is the name of your state? maine

how do i go about filing a motion for a change of venue? thank you. [email]srspencer1@yahoo.com[/email]

[VeronicaGia]

A change of venue for what?

please tell me how to file for a change of venue . the original courthouse is a five hour drive from me so i would like to know how to change venues to my neck of the woods. i live in the state of maine. thank you.

[VeronicaGia]

Does the other parent still live in the same county? Does the other parent still live in the same state (Maine)?

we were married in maine and divorced in maine. she now lives in michigan, but my minor child lives with me. the mother threw my child out of the house at 16. her uncle who lives in maine was given custody without my knowledge, but as soon as i found out my child was in maine i moved her into my home with her uncles blessings. the mother left maine 10 years ago and never informed me where they lived. for 10 years i've waited for the day when i would find my kids ages 17 and 18. my oldest is now in college in michigan, i am paying support to him ever since i found them. i am looking for a change of venue due to the distance from my home to the original courthouse. i am seeking not only custody of my minor child, but i am also looking to have back child support abated due to my ex-wife's never wanting me to know where they were. any help is greatly appreciated. i hope i told you what you need , thank you again.

[VeronicaGia]

Originally posted by srspencer
we were married in maine and divorced in maine. she now lives in michigan, but my minor child lives with me. the mother threw my child out of the house at 16. her uncle who lives in maine was given custody without my knowledge, but as soon as i found out my child was in maine i moved her into my home with her uncles blessings.

**So who has legal, court ordered custody, you or the uncle? If you don't have custody via the courts, you need to get custody even if the uncle agrees you should have custody.

the mother left maine 10 years ago and never informed me where they lived. for 10 years i've waited for the day when i would find my kids ages 17 and 18. my oldest is now in college in michigan, i am paying support to him ever since i found them. i am looking for a change of venue due to the distance from my home to the original courthouse. i am seeking not only custody of my minor child, but i am also looking to have back child support abated due to my ex-wife's never wanting me to know where they were. any help is greatly appreciated. i hope i told you what you need , thank you again.

If you didn't have custody, you cannot ask for back child support. Please answer the question above first as to who has custody granted by the court.

In the meantime, I'll do a little research for you and see if I can get your answer. If the courts in MI show that your uncle has custody, you may do well to start interviewing attornies in MI to first, have legal custody changed to you, and once that is accomplished, have jurisdiction changed to Maine. A few well thought out questions and a few calls to lawyers in MI may give you the answers you need.

However, you may get the jurisdiction of custody changed to Maine, but if your ex still lives in MI, MI will likely retain the support element of the order, but that's another question for a MI attorney. Either way, once you gain legal custody you should file for support.

Check on this website: [url]http://attorneypages.com[/url] to call a few lawyers in MI. Also, a great website for you:

[url]www.deltabravo.net/custody/[/url]

The father's issues board is terrific, and the Dear Socrateaser board is excellent too. However, read Soc's mandatory forum guidelines prior to posting to him.

[VeronicaGia]

Has the child lived with you longer than six months?

[VeronicaGia]

UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (EXCERPT)


Act 195 of 2001

722.1202 Exclusive, continuing jurisdiction; condition; determination to decline jurisdiction; modification of child-custody determination.
Sec. 202.

(1) Except as otherwise provided in section 204, a court of this state that has made a child-custody determination consistent with section 201 or 203 has exclusive, continuing jurisdiction over the child-custody determination until either of the following occurs:

(a) A court of this state determines that neither the child, nor the child and 1 parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships.

(b) A court of this state or a court of another state determines that neither the child, nor a parent of the child, nor a person acting as the child's parent presently resides in this state.


(2) A court of this state that has exclusive, continuing jurisdiction under this section may decline to exercise its jurisdiction if the court determines that it is an inconvenient forum under section 207.

(3) A court of this state that has made a child-custody determination and that does not have exclusive, continuing jurisdiction under this section may modify that child-custody determination only if it has jurisdiction to make an initial child-custody determination under section 201.


History: 2001, Act 195, Eff. Apr. 1, 2002 .

[VeronicaGia]

UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (EXCERPT)


Act 195 of 2001

722.1207 Determination of inconvenient forum.
Sec. 207.

(1) A court of this state that has jurisdiction under this act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court's own motion, or the request of another court.

(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including all of the following:

(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child.

(b) The length of time the child has resided outside this state.

(c) The distance between the court in this state and the court in the state that would assume jurisdiction.

(d) The parties' relative financial circumstances.

(e) An agreement by the parties as to which state should assume jurisdiction.

(f) The nature and location of the evidence required to resolve the pending litigation, including the child's testimony.

(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence.

(h) The familiarity of the court of each state with the facts and issues of the pending litigation.


(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(4) A court of this state may decline to exercise jurisdiction under this act if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.


History: 2001, Act 195, Eff. Apr. 1, 2002 .

[VeronicaGia]

[url]http://janus.state.me.us/legis/statutes/19-a/title19-ach58sec0.html[/url]

VeronicaGia, thank you so much for the help you are offering me. there is however, some confusion. the uncle has custody legally through the state of maine not michigan. my daughter has lived with me now for the past 7 months.her uncle still has legal custody but is willing to help me get custody. which is why i'm looking for a change of venue, to get custody,and to have my back support abated due to the fact that i was never informed by my ex-wife where she lived. i am not looking to get support or back support,no backsupport is due me anyway. as far as i am aware,the only reason to have to notify my ex-wife is where support abatement may be concerned, but again all court orders have beenin the state of maine. i went to court in my neck of the woods and the clerk told me in order to file for custody or support abatement, i would have to go to the courthouse where the judgement was made.it it a good 4 hour drive there from my home so the clerk told me to contact a lawyer and ask about how to go about filing for a change of venue. i truly hope you can help me find the answer, but if not i greatly appreciate the help you have offered me so far. thanks again, Jeff Spencer.

[VeronicaGia]

I don't know a lot about Maine laws, but I'm assuming they're mostly the same everywhere.

In order for you to get back support abated, your ex will have to forgive the arrears. It is not likely, unless she simply doesn't care to go to court.

I will look at Maine laws and see what I can find about changing jurisdiction. You definitely need to file for sole custody a.s.a.p from your uncle because without legal custody, who knows what can happen. Maybe your ex could regain custody, maybe the uncle will change his mind. At this point, it is worth the four hour drive to have a court order in your hand. That is your first objective here, and if the uncle agrees, he should not mind going to court to get this all legal. Your second objective is to file for child support enforcement from your ex, even if it is in the same court four hours away. Maybe (not necessarily) you can cut her a deal, and ask her to forgive your arrears and in exchange, you will not ask for support from her. However, get it in writing by the court! Notarized statements mean nothing without a judges blessing and a court order.

Under the Maine info I posted, there was something called "emergency temporary jurisdiction." Look into that part of the link. I'll look a bit later or tomorrow too.

One uses the U.S. mail to file documents in other counties unless one just likes to drive. Of course, a cover letter, requesting what one wants done, an original document and enough copies for all parties involved in the suit and a check in the amount of whatever cost will be involved and a SASE (self-addressed, stamped envelope) are enclosed for the return of the file-stamped copies. One calls to find out what costs are involved in what action.

Title 14 COURT PROCEDURE--CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 201: VENUE

§508. Transfer of venue

A presiding Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of an action, or for other good cause, transfer any civil action or proceeding from the Superior Court in one county to another county. The Chief Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of actions and the efficient scheduling of trials, or for other good cause, transfer any number of civil actions or proceedings from the Superior Court in one county to another county. Transfer may also be by consent of all parties to any civil action or proceeding, provided that the prior approval of the Chief Justice of the Superior Court is obtained. [1991, c. 634 (amd).]

[VeronicaGia]

Thank you! This poster needed help, I was trying, but didn't want to give incorrect information to him.