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Author Topic: Correct order to file documents  (Read 1374 times)

CheatedMother

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Correct order to file documents
« on: Jan 29, 2007, 02:23:01 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.


socrateaser

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RE: Correct order to file documents
« Reply #1 on: Jan 29, 2007, 09:38:09 PM »
>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.

CheatedMother

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RE: Correct order to file documents
« Reply #2 on: Jan 30, 2007, 07:24:33 AM »
Thank you.

1. shall I file to  move venue orfile the motion to amend the custody agreement first?Same time?

socrateaser

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RE: Correct order to file documents
« Reply #3 on: Jan 30, 2007, 09:49:49 AM »
>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).

 

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