Two Children, Two Separate Venues

[ProPerDoper]

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

How does modification take place when one child moves to new venue?

Two children ages 14 and 16 1/2 with primary physical custody with dad, mom lives 5 hours away.

Recently 16 1/2 year old decided to go live with mom, has been enrolled in school despite existing order, dad has not opposed the move.

Anticipated that Mom will file eventually for modification, and attempt to gain custody of both kids. 14 y/o does not want to move.

Does modification take place in venue where existing order resides?

If children do reside in separate venues, how to guard against conflicting findings and orders?

If court in new venue is present with OSC or Motion and existing order is attached as required, will it order that hearing must take place in old venue?

Any information available on the subject of split venues?

 

[haiku]

As long as one parent is still residing in the orders jurisdiction, there is no change in venue.

 

[stealth2]

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

How does modification take place when one child moves to new venue?

Two children ages 14 and 16 1/2 with primary physical custody with dad, mom lives 5 hours away.

Recently 16 1/2 year old decided to go live with mom, has been enrolled in school despite existing order, dad has not opposed the move.

Anticipated that Mom will file eventually for modification, and attempt to gain custody of both kids. 14 y/o does not want to move.

Does modification take place in venue where existing order resides?

If children do reside in separate venues, how to guard against conflicting findings and orders?

If court in new venue is present with OSC or Motion and existing order is attached as required, will it order that hearing must take place in old venue?

Any information available on the subject of split venues?

And then we wonder why kids think they have more power than they do.

Either parent would file in the court holding jurisdiction, assuming one parent still resides there.

 

[ProPerDoper]

Retaining Venue

As long as one parent is still residing in the orders jurisdiction, there is no change in venue.

I thought that I had heard that venue was properly placed in the county where the child resides. In this case, we now have two.

Is there any hope of retaining venue in my county even if one child has moved, especially if a motion for change of venue is filed?

 

[CourtClerk]

And then we wonder why kids think they have more power than they do.

Somehow in this case, I think the kid may have more sense than the parent. I have the feeling kid made the best decision for her sanity.

 

[CourtClerk]

I thought that I had heard that venue was properly placed in the county where the child resides. In this case, we now have two.

Is there any hope of retaining venue in my county even if one child has moved, especially if a motion for change of venue is filed?

Proper venue has already been established, so your question has already been answered (no matter how many different ways you ask the question).

 

[ProPerDoper]

Somehow in this case, I think the kid may have more sense than the parent. I have the feeling kid made the best decision for her sanity.

Really CourtClerk?

The basis for the child's move had nothing to do with either parent, rather difficulties with a group of kids at school.

I get that you enjoy your witty slams of posters on here, but attacking a parent over the subject of the loss of a child with an assumed basis or reason seems especially inconsiderate and cold hearted...even for you.

Have you no sense of boundaries?

 

[Mnemosyne]

Loss of a child? Your child moved voluntarily, without any opposition from you.

Before you go attacking another poster as inconsiderate and cold hearted, you may want to apologize to any parents on the board who have had a child die. That is loss.

Really CourtClerk?

The basis for the child's move had nothing to do with either parent, rather difficulties with a group of kids at school.

I get that you enjoy your witty slams of posters on here, but attacking a parent over the subject of the loss of a child with an assumed basis or reason seems especially inconsiderate and cold hearted...even for you.

Have you no sense of boundaries?

 

[ecmst12]

You could file for modification so that the orders match the reality.

 

[stealth2]

Really CourtClerk?

The basis for the child's move had nothing to do with either parent, rather difficulties with a group of kids at school.

I get that you enjoy your witty slams of posters on here, but attacking a parent over the subject of the loss of a child with an assumed basis or reason seems especially inconsiderate and cold hearted...even for you.

Have you no sense of boundaries?

Dude - you could have opposed the move and not allowed your CHILD the power to make the choice. You chose not to. So I ask you - have you no sense? (Not that I need an answer - I already know it.) You did not LOSE a child - you let him/her walk away.

 

[ecmst12]

He didn't lose anything, child is just spending more time at mom's. Doesn't mean he never sees her and maybe he agreed it was a good move. He should still update the custody order.

 

[CJane]

Dude - you could have opposed the move and not allowed your CHILD the power to make the choice. You chose not to. So I ask you - have you no sense? (Not that I need an answer - I already know it.) You did not LOSE a child - you let him/her walk away.

Exactly. Regardless of WHY kiddo chose to move in with Mom, kiddo still did move in with Mom and Dad didn't attempt to stop her.

And jurisdiction will stay in the original county that the order was issued in as long as one parent still lives within that county. Mom can and SHOULD file a modification in the original county in order to address custody/visitation and child support. I'd imagine the order will change significantly.

 

[ProPerDoper]

Loss of a child? Your child moved voluntarily, without any opposition from you.

Before you go attacking another poster as inconsiderate and cold hearted, you may want to apologize to any parents on the board who have had a child die. That is loss.

Let me summarize a response in one post:

I chose to let the child go...yes. After 10 years and over 22 volumes of litigation, and given the child's desires to move far away from an influence of certain kids here, I willfully chose to allow the move, knowing that the current order will change significantly. It's not about control, or support, or advantage. It's about working out what's best in the life of a 16 1/2 y/o, and I'm the only person here that knows all of the intricate details. I'm not looking for anyone's support or approval here.

After reading some of the responsive posts, I get it now....since my child did not die but only moved away and I will be spending less time I should not feel loss. Since I did not oppose the move, rather allowed the child a voice and worked to keep custody litigation to a minimum, the post in response was in fact kind-hearted and considerate.

Since I may have subjected myself to disadvantage in litigation, and may end up paying support I have no sense, despite all of the other factors that I carefully, painfully considered.

Really?

 

[CourtClerk]

After 10 years and over 22 volumes of litigation,

This.... is EXTREMELY telling. For those of you who don't know, I'd like to tell you just HOW MANY INCHES OF PAPER is required to close a volume and make another. 22 volumes of litigation is RIDICULOUS.

Like I said, I hope the child finds the peace she needs.

 

[stealth2]

Let me summarize a response in one post:

I chose to let the child go...yes. After 10 years and over 22 volumes of litigation, and given the child's desires to move far away from an influence of certain kids here, I willfully chose to allow the move, knowing that the current order will change significantly. It's not about control, or support, or advantage. It's about working out what's best in the life of a 16 1/2 y/o, and I'm the only person here that knows all of the intricate details. I'm not looking for anyone's support or approval here.

After reading some of the responsive posts, I get it now....since my child did not die but only moved away and I will be spending less time I should not feel loss. Since I did not oppose the move, rather allowed the child a voice and worked to keep custody litigation to a minimum, the post in response was in fact kind-hearted and considerate.

Since I may have subjected myself to disadvantage in litigation, and may end up paying support I have no sense, despite all of the other factors that I carefully, painfully considered.

Really?

Really - when you post stuff like you did to people volunteering their time, you have no sense. So maybe a sincere apology for being a jerk would be a start to getting some help. 'Cause I bet that, at this point, I'm not the only one who isn't interested in helping you. A loss of the drama would also help.