Change of Venue - AZ to OH

[BadDecision]

What is the name of your state? Arizona

Case is in Arizona, Child and mother live in Ohio

Can anyone give me some direction on how to (or where to find info on) - file for a change of venue (move case from Arizona to Ohio)?

Any help/comments would be greatly appreciated!

Let me know if you need additional information!

Thank you!

 

[Zigner]

Where does dad live?

 

[BadDecision]

Where does dad live?

He lives in Arizona (oringinally from Ohio, in AZ for 14 years) And I say that because most of his family is still in Ohio

 

[Zigner]

You should keep your questions in the same thread...you asked this same question at the end of May.

 

[BadDecision]

You should keep your questions in the same thread...you asked this same question at the end of May.

Not exactly, I asked about CS in the CS forum and someone suggested chaenge of venue.

Now, I am in the Custody forum specifically asking about moving the court case

If this is a problem I can post this question in the CS forum under the old thread?
Just let me know which way will help me get information

 

[Zigner]

Generally, if one of the parties remains in AZ, then you won't get it transferred. Now, if you can get him to agree to the change, you might be in a better place.


PS: You asked this EXACT question in your other thread:

BadDecision BadDecision is online now
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Join Date: Jan 2006
Location: Ohio
Posts: 150
Question Arizona CS - 2 States
What is the name of your state? Case in Arizona, reside in Ohio

Who is educated on Arizona CS especially when mother and child live out of state?

Quick facts:

Father filed night before mom moving to Ohio
Drug out over a year before finally getting into court

Mom awarded sole (legal and physical) custody and able to stay in Ohio with child
Mom awarded 3 years back CS and monthly CS and % of attorney fees
Dad got no visitiation, needs to complete tests and evaluations in order to get supervised (hasn't done anything yet)

Dad has not paid CS (10 months now)

Now, since I have a judgement for the back CS and lawyer fees, and now 10 months of unpaid CS, what can I do and is it even worth it?
I'd rather not have to travel back and forth from OH to AZ for court again.

Not sure how to handle this and what my options are to ensure (if) one day he does have a bank account, hit the lotto or whatever, I would get some of the CS, and I am not sure if having the order and judgement are enough withour going through DCSE.

Hope that made sense


Edited to add one more question...

Is it possible to have the case transferred to Ohio?
Last edited by BadDecision : 05-27-2008 at 10:46 AM. Reason: more info

 

[BadDecision]

Generally, if one of the parties remains in AZ, then you won't get it transferred. Now, if you can get him to agree to the change, you might be in a better place.


PS: You asked this EXACT question in your other thread:

Generally? So there are exceptions?
What do those tend to be based on? If you have an idea, I know its not "legal" advice, but it would be a helpful perspective or opinion.

Then, I guess if I wanted to pursue it, would I just file the "change of venue" forms and wait for a response, or do I get a court date scheduled? Thats where I am confused.

Oh, and sorry... I guess what I meant was my "main" question was based on CS, hence the forum, that was side question after the fact. Again, I can move this back if that makes more sense.

I appreciate the info!

 

[Zigner]

Generally? So there are exceptions?
What do those tend to be based on? If you have an idea, I know its not "legal" advice, but it would be a helpful perspective or opinion.

Then, I guess if I wanted to pursue it, would I just file the "change of venue" forms and wait for a response, or do I get a court date scheduled? Thats where I am confused.

Oh, and sorry... I guess what I meant was my "main" question was based on CS, hence the forum, that was side question after the fact. Again, I can move this back if that makes more sense.

I appreciate the info!

There are ALWAYS exceptions - but your case doesn't seem to rise to that level. (Think incarceration, etc.)

 

[BadDecision]

There are ALWAYS exceptions - but your case doesn't seem to rise to that level. (Think incarceration, etc.)

Additional info...

Well, he has an incarceration past, past suicide attempt, drug use past.
He hasn't completed what the family court ordered him to do in order to get supervised visits. The judge gave him no visits, no communication until he passed drug and a psychological eval. Then he "could" get supervised visitation
He hasn't paid CS or any back CS, this case was started in 2006 (2 years ago) and he really hasn't done anything.

I understand this may mean nothing and I get the same response, but I am trying to see all possibilites and feel you may not have all the information from my court case, so don't take it as a plea for you to bless my court filings LOL Ok?!

Sorry but I see people get all worked up because they think someone doesn't understand thier case and they get upset if you don't see it thier way or others assuming they have all of the answers when it comes to going to court and each persons case... I know it's always gamble regardless.

I am rambling, but I wanted to make it clear I'm not debating you on this, just offering info I think may be relevant

 

[Zigner]

Your case doesn't seem to me to qualify (based only on what you posted) to be transferred. You definitely should seek the advice of a local family law attorney, as well as one in AZ.

 

[LdiJ]

Additional info...

Well, he has an incarceration past, past suicide attempt, drug use past.
He hasn't completed what the family court ordered him to do in order to get supervised visits. The judge gave him no visits, no communication until he passed drug and a psychological eval. Then he "could" get supervised visitation
He hasn't paid CS or any back CS, this case was started in 2006 (2 years ago) and he really hasn't done anything.

I understand this may mean nothing and I get the same response, but I am trying to see all possibilites and feel you may not have all the information from my court case, so don't take it as a plea for you to bless my court filings LOL Ok?!

Sorry but I see people get all worked up because they think someone doesn't understand thier case and they get upset if you don't see it thier way or others assuming they have all of the answers when it comes to going to court and each persons case... I know it's always gamble regardless.

I am rambling, but I wanted to make it clear I'm not debating you on this, just offering info I think may be relevant

This is not the kind of case that a judge is going to want to relinquish, and not a case that you should want moved.

The current judge knows what is going on and has a handle on the case. Moving it to another state, with another judge who has to start from scratch, is not necessarily a wise move.

Plus, again, as long as dad lives in AZ, AZ will have jurisdiction unless the AZ judge is willing to release the case to OH.

 

[BadDecision]

Your case doesn't seem to me to qualify (based only on what you posted) to be transferred. You definitely should seek the advice of a local family law attorney, as well as one in AZ.

Thank you! I appreciate your input!

 

[BadDecision]

This is not the kind of case that a judge is going to want to relinquish, and not a case that you should want moved.

The current judge knows what is going on and has a handle on the case. Moving it to another state, with another judge who has to start from scratch, is not necessarily a wise move.

Plus, again, as long as dad lives in AZ, AZ will have jurisdiction unless the AZ judge is willing to release the case to OH.

Thank you, but the Judge did retire and now there is a new Judge assigned so I guess he will start form scratch anyway . I have not been in front of the new judge.

I guess thats what I don't get, if the CP and child live in a state, who cares where dad is, actually he can move easier than the CP.

My issue is if I want to press the CS and file contempt motions, Or if he decides to mess with me and not complete his evaluations, I can be hauled to AZ at any time as many times as he likes for court. I'd like to avoid that if possible. Not that is, just would like to think ahead.

Anyways, starting to go off on a tangent now... my other question was if I wanted to pursue it (change of venue), would I just file the "change of venue" forms and wait for a response, or do I get a court date scheduled to see the Judge on a ruling?

 

[Zigner]

I guess thats what I don't get, if the CP and child live in a state, who cares where dad is, actually he can move easier than the CP.

YOU were the one who moved - why penalize the other parent?

 

[BadDecision]

YOU were the one who moved - why penalize the other parent?

I am not sure how a change in venue would penalize him, what do you mean? And anyway, if I dont stand a chance of moving it, I guess its all moot anyway, or are you trying to get a rise out of me

But, anyway since I'm long winded today and fell like whining (if you cant read through this, please anwer the above question) - he agreed to the move then changed his mind one day before, which pissed off the Judge. He never responded to the court dates, or the parenting plan options I submitted, nor did he take the required class, drug tests ect.

Maybe the fact he chose meth over his kid, chose meth over financially supporting her, maybe because I have tried to be supportive despite his issues, so my daughter would have her dad around, regardless of his stupidity. Even after I had to get an order of protection against him, I still tried to find a solution so he could see my daughter (which, he didnt take advantage of, he never made the effort to go to HIS moms to see her).

I have supported all of her financial and emotional needs for the last 11 +years and don't ffel like getting screwed anymore because he had a lucid moment.
The Judge did not decide it was in my childs best interest to keep her in AZ, he did decide it WAS is her best interest to stay in OH, with me and also in her best interest to not have any contact with her dad...

hmmmm why should he be penalized, to have to pay something or be responsible, thats being penalized?????
Maybe he needs to start being a daddy sometime!
Still not sure how this penalizes him though?!