change in venue

[under]

I have recently moved 60 miles away from a persistant father who takes me to court for everything from change in custody to accusations of violating an order. The last episode costed me $1500.00 to defend myself over his frivilous accusations. Along with the travel time it takes me to drive to the court house in that county where our case resides. I am asking if you can request a change of venue to where the child resides in that county. Does the father have a role in deciding where your case is handled or is it up to the courts, if any? It is costing my family extreme financial difficulties along with the time missed from school and work. I have sole custody and the father has reasonable vistitation and pays support on time, we both live in Michigan.

 

[cat2young]

venue

The case goes where the child goes. You may have a six month wait to establish residence, or you may be able to motion the court for a change of venue.
I would also say you should ask the court to set out new visitation next time you are in court.

 

[Grandma B]

If he's dragging you to court for frivolous matters, why aren't you asking for payment of your attorney's fees?

[Edited by Grandma B on 01-07-2001 at 12:27 AM]

 

[under]

venue

If he's dragging you to court for frivolous matters, why aren't you asking for payment of your attorney's fees?

[Edited by Grandma B on 01-07-2001 at 12:27 AM]

I have been asking for attorney fees! I have asked twice now with no result. He keeps taking us into court for more custody because he has reasonable visitation rights and that is not enough for him on paper. His new wife and him feel they can do a better job than I. I have had sole custody since birth of our child and I have been a stable parent for 9 yrs. I feel that he is trying to make me look bad to the courts by saying I keep denying him his parenting time and not having the child ready and availiable in order to gain more custody. When I wanted to move under 60 miles away (getting married and changing colleges) it cost me $1500.00 for the court to say I can move, when the law says I don't need a court order to move intra state. I have been asking but every time it costs me more money. This has been going on for 5 yrs now and it is pitiful. I really believe if the courts would make him pay, this would stop. This next hearing Jan. 17, 2001 I am asking for more attoney fees.

 

[under]

Re: venue

The case goes where the child goes. You may have a six month wait to establish residence, or you may be able to motion the court for a change of venue.
I would also say you should ask the court to set out new visitation next time you are in court.

My lawyer said that in a custody case says the county where your case was opened stays there unless both parents move out of the county or both parents agree to the change in venue. Is this true? I know in Probate Court you have to do a change in venue. Is there any information availiable to research this matter? Also, if you motion the court can you say to the judge, I want this change of venue because the child resides in a different county.

 

[under]

Hellooo! Can anyone answer my question! I would like to know if I have a case to change courts to where the child resides. I live in Michigan and need some help. Please someone respond, its been 3 weeks and I would like some advice. Thank you

 

[Ukiah]

Re: Re: venue

The case goes where the child goes. You may have a six month wait to establish residence, or you may be able to motion the court for a change of venue.
I would also say you should ask the court to set out new visitation next time you are in court.

My lawyer said that in a custody case says the county where your case was opened stays there unless both parents move out of the county or both parents agree to the change in venue. Is this true? I know in Probate Court you have to do a change in venue. Is there any information availiable to research this matter? Also, if you motion the court can you say to the judge, I want this change of venue because the child resides in a different county.

The case does not automatically "follow" the child. It does however go to the new county (after a petition is granted) where the child resides. You need to petition the courts for a change of venue based on the fact that you both no longer live in the county which has jurisdiction. You will have to pay filing fees in both counties for this action (when the decision is granted to move to where the child now resides).

You shouldn't have to wait 6 months to petition the courts. But then I do not know the law in your State. I can only tell you my personal experience....

"Also, if you motion the court can you say to the judge, I want this change of venue because the child resides in a different county?" =YES= you can! If the other parent contests the motion, that person will have to give very good reason as to why it should not be changed. If that parent says they still live in the area it will be up to the other parent to prove the parent no longer lives in that county, i.e. a letter, phone records, etc.

It would be wise of you to look up your States codes to get a better understanding of the laws in your State.