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Author Topic: Change of Venue in California  (Read 6943 times)

tboy4343

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Change of Venue in California
« on: Nov 10, 2008, 03:23:05 PM »
I have tried so hard to find any information regarding changing the venue of custody case in California.  I live in Oregon.  My ex-wife lives in Arizona.  Our divorce took place in California.  To make any modifications to our custody and visitation orders takes a lot of time and travel for both of us.  Our child support part of the case has all ready been moved to Oregon and Oregon is not only the enforcer, but the one who will make any future modifications.  Is it possible to move the case?  Is it even possible to move it to Oregon since half the case is all ready here?  Does anyone have any recommendations as to where I can find any information regarding this issue? 
 
Thanks!!


Kitty C.

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Re: Change of Venue in California
« Reply #1 on: Nov 10, 2008, 04:33:27 PM »
It depends on which state has jurisdiction based on the UCCJA, and is usually determined by how long the child(ren) have lived in a specific state.  Residency has to be established of a minimum of 6 months.
 
You don't mention which, if either, parent has primary physical custody and how long the children have lived there.  Requirements can differ minimally or significantly from state to stae, but the bottom line as to which one will retain jurisdiction is ultimately up to the individual judge.  Some judges/states will allow 'foreign' (out of state) orders to be registered, thus allowing for enforcement of that order.  Remember that support and custody are 2 very separate issues..........in the past I had a support order in IA and custody order in CA.  Could have tried to change it, but the cost would have been prohibitive, considering there would have been very little to gain.
 
How often are you attempting to modify the custody order?  Also, if the children have lived with the ex long enough, CA may just give it up to AZ.  Be careful what you wish for.....the UCCJA was established so that separated parents can't go 'state shopping' to find the terms that will benefit them the most.  Make sure that attempting to move an order doesn't cut you short eventually on time with your kids, because it is possible.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

janM

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Re: Change of Venue in California
« Reply #2 on: Nov 10, 2008, 07:37:27 PM »
If neither party (not just the kids) has lived there for 6 months, it should be easy to change it, especially if the CS order has been moved.

jimm1909

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Re: Change of Venue in California
« Reply #3 on: Mar 21, 2009, 05:08:13 PM »
I have tried so hard to find any information regarding changing the venue of custody case in California.  I live in Oregon.  My ex-wife lives in Arizona.  Our divorce took place in California.  To make any modifications to our custody and visitation orders takes a lot of time and travel for both of us.  Our child support part of the case has all ready been moved to Oregon and Oregon is not only the enforcer, but the one who will make any future modifications.  Is it possible to move the case?  Is it even possible to move it to Oregon since half the case is all ready here?  Does anyone have any recommendations as to where I can find any information regarding this issue? 

Thanks!!

I was in almost the exact same situation as you.  I am a lawyer so I knew the deal, but I would recommend calling your attorney and figuring this out.
Jim Mason
Lawyer - newbielink:http://www.123world.com/states/california.php [nonactive] Rentals

 

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