SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: CheatedMother on Jan 29, 2007, 12:23:01 PM
The case is in VA. Father has custody.
All orders were entered in town A(original as well as subsequent)
Mother lives in town B and Father lives in town C. Neither party lived in town A at time of custody change
Due to circumstances, I am filing a motion to regain full custody of the child. However, I am not sure which action to take first.
1.. Do I request transfer of the case FIRST or do I open a case at the new locality FIRST(in order to get a court date to ask for the transfer)?
2. Can you please tell me if this is all considered a "motion to amend"?
thank you.
>1.. Do I request transfer of the case FIRST or do I open a
>case at the new locality FIRST(in order to get a court date to
>ask for the transfer)?
File a motion for a change of venue in towne A. The only place that the A court will change to is towne C, because that's where the child resides.
>2. Can you please tell me if this is all considered a "motion
>to amend"?
No. See above.
Thank you.
1. shall I file to move venue orfile the motion to amend the custody agreement first?Same time?
>1. shall I file to move venue orfile the motion to amend the
>custody agreement first?Same time?
Both. You can use the grounds that the bulk of evidence concerning the child's present custodial circumstances are located in the other county/township (whatever you call it in VA).