SPARC Forums

Soc,

My ex and I have both moved out of the original county of the divorce and custody agreement.  Ex has filed for modification of visitation.

1)  Is it possible to request that the case stay in the original county for a modification of visitation so to keep it on neutral territory?

2)  Is it possible to request that the case stay in original county if a request for modification of custody is filed?

3)  If the answer is yes to the first two questions- how would you request this?

4)  If the answer is no, would it automatically go to the custodial parents county?  

Thank you.  State is Indiana.

>1)  Is it possible to request that the case stay in the
>original county for a modification of visitation so to keep it
>on neutral territory?

Yes. Grounds would be that the present county is the most convenient travel point for both parties, and that the judge is already very familiar with the case.

>
>2)  Is it possible to request that the case stay in original
>county if a request for modification of custody is filed?

Yes.
>
>3)  If the answer is yes to the first two questions- how would
>you request this?

The case will stay in the current county unless a party files a motion for a change of venue. So, if no one has filed such a motion, then there's nothing to request. If the other party has so filed, then you must argue that the current forum is the most convenient for both parties, and/or that the current judge is well acquainted with the issues and that it would not be judicially efficient to move the case.

>
>4)  If the answer is no, would it automatically go to the
>custodial parents county?  

No.

thank you!!!!