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change of venue

Started by WhatToDo, Oct 10, 2006, 08:50:45 AM

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WhatToDo

I recently moved across the state. (I live in SD) I have a court order that was put in place in my the last county I lived in. My daughter and my ex live in the town I now reside in. I would like to take my ex to court over custody issues.

1. How do I go about getting everything moved to my current residence so I can take my ex to court here instead of going to my old city that is 6 hours away?

2. What is proper etiquette when looking for a new lawyer? (ex: Can I email one asking about their rates or should I call them? DO I tell them a little about my sitiuation?etc.)

socrateaser

>1. How do I go about getting everything moved to my current
>residence so I can take my ex to court here instead of going
>to my old city that is 6 hours away?

If the child has resided in SD for more than 6 months (called the "home state"), then you can file a petition in the new county, and the SD court can assume jurisdiction. Otherwise, you must file in the old jurisdiction, and request that the court relinquish authority to the child's new home state (SD).

>2. What is proper etiquette when looking for a new lawyer?
>(ex: Can I email one asking about their rates or should I call
>them? DO I tell them a little about my sitiuation?etc.)

If the lawyer has an email, then you can certainly email with questions. You can tell the attorney something about your situation, and even if you don't hire him/her, he/she must keep your information confidential. Also, once the attorney has material info about your case, he/she cannot represent your opponent, without your consent (although this is sometimes waived in very rural jurisdictions, where only a few attorneys are available.