Change of venue,,, same state different county

[stk_agn]

My ex husband was found guilty of child abuse about a year ago and I received custody of our 14 year-old-son through District Court. Ex has not spent any time in jail for this, only got 2 years probation and no unwanted contact with son. (Son has to approve any contact his dad may want.)

Ex has stated that he wants to give up his rights and allow current husband to adopt. Current husband does NOT want to adopt because it is giving ex an "easy out" over paying child support. (Ex currently pays $1000/ month child support to another ex wife)

We are wanting to take ex to court to get custody through Circuit Court and request child support because ex has not seen son since November 15, 2005.

We all reside in Kentucky; ex lives in county where case has been from day one (14 years ago) and we live in a different county (approximately 5 miles from county line).

My question is:

1. Can we file for custody in the county where we live (son has lived with me for a little over a year) or will we have to keep it in the original county where the divorce/custody and criminal case has been for 14 years?

2. If we can file in the county we live in, what are the chances that it will be sent back to original county?

Thank you for your help.

[socrateaser]

>My question is:
>
>1. Can we file for custody in the county where we live (son
>has lived with me for a little over a year) or will we have to
>keep it in the original county where the divorce/custody and
>criminal case has been for 14 years?

You must file for a change of venue in the county where the case currently is filed, so that the court can transfer the file to the new county. The fact that one parent continues to reside in the original county will make it unlikely that you will get a free pass to a new county, however, it's worth a shot on grounds that the child's living in the new county makes that a more appropriate forum.

The other parent could as that you pay his reasonable costs associated with the change of venue.

It's a crap shoot, but you can try it.


>
>2. If we can file in the county we live in, what are the
>chances that it will be sent back to original county?

100%.

[stk_agn]

Thank you so much for help