What is the name of your state (only U.S. law)? Illinois
I have temporary custody of our 2 children ages 7 and 4. I filed for divorce and temporary custody in the county where the marital home was and the children's permanent residence. My x-wife fled under false pretenses and made some false allegations of abuse that resulted in 2 orders of protection filed in 2 different counties but none of which was ordered and were both dismissed.
She has been challenging the jurisdiction of the courts in the county where I filed the divorce and temp custody (county of marital home and permanent residence of the children). She argues that because she moved to a different county that she should be tried in her home county. The current venue is proper because its where we lived as a married couple and or children were born there and lived there for 6 years. She actually didn't move to her current county but rather fled and took the children away from their home county. I chose to stay in the county and still reside there with both my sons.
This case have been long and expensive which caused a significant strain on my financial stability. I make a decent living but feel that I'm not able to do more for my children because I'm spending most of my income paying my attorney and paying debts related to my attorney and the case. I have been thinking about moving in with my mother temporarily till i can pay off my debts and recoop and hopefully be able to purchase a new home in 6-9 months. My mother is by herself in a 5 bedroom, 3,000 sq-foot home where each of us will have our own rooms. The only issue is that she lives in a different county.
My concern is that the venue may once again be challenged and argued that being that neither the defendant or the plaintiff lives in the county that currently is handing the case that she may get her change of venue then. I don't want a change of venue because our current judge has been fair and she somehow seem to think that a change of venue would mean the previous rulings being vacated. She has been trying to get a change of venue or change of judge that the a case was even filed to the chief judge, also later dismissed.
Ok sorry... so heres the question...
Would the current county as a venue be improper if I am to move to another county? a third county at that...
I have temporary custody of our 2 children ages 7 and 4. I filed for divorce and temporary custody in the county where the marital home was and the children's permanent residence. My x-wife fled under false pretenses and made some false allegations of abuse that resulted in 2 orders of protection filed in 2 different counties but none of which was ordered and were both dismissed.
She has been challenging the jurisdiction of the courts in the county where I filed the divorce and temp custody (county of marital home and permanent residence of the children). She argues that because she moved to a different county that she should be tried in her home county. The current venue is proper because its where we lived as a married couple and or children were born there and lived there for 6 years. She actually didn't move to her current county but rather fled and took the children away from their home county. I chose to stay in the county and still reside there with both my sons.
This case have been long and expensive which caused a significant strain on my financial stability. I make a decent living but feel that I'm not able to do more for my children because I'm spending most of my income paying my attorney and paying debts related to my attorney and the case. I have been thinking about moving in with my mother temporarily till i can pay off my debts and recoop and hopefully be able to purchase a new home in 6-9 months. My mother is by herself in a 5 bedroom, 3,000 sq-foot home where each of us will have our own rooms. The only issue is that she lives in a different county.
My concern is that the venue may once again be challenged and argued that being that neither the defendant or the plaintiff lives in the county that currently is handing the case that she may get her change of venue then. I don't want a change of venue because our current judge has been fair and she somehow seem to think that a change of venue would mean the previous rulings being vacated. She has been trying to get a change of venue or change of judge that the a case was even filed to the chief judge, also later dismissed.
Ok sorry... so heres the question...
Would the current county as a venue be improper if I am to move to another county? a third county at that...
