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InformationForYou, Family Law Attorney
Category: Family Law
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Experience:  18 years as a family law attorney, adjunct law professor
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My daughter moved out of the county that handled her child

Customer Question

My daughter moved out of the county that handled her child support and supervisory arrangements between her and the childs father. No one lives in the county that has this case and hasn't for some time. In July of 2008 my daughter filed for a change of venue to move the case to the county of her residence citing that it was not only her residence, but where the majority of witnesses reside, should they ever be needed. The judge denied all requests.   What do you think went wrong?
Submitted: 6 years ago.
Category: Family Law
Expert:  InformationForYou replied 6 years ago.

Where does your daughter live?

Customer: replied 6 years ago.
Northglenn, Colorado (Adams County). She has sole custody of the child and the father has visitation rights. So, the child also lives in Adams County Colorado
Expert:  InformationForYou replied 6 years ago.

The Rule relating to changes of venue is posted below. It is very likely that the court denied the change in venue because once venue is set at the beginning of a case, it is often set from then onward. If you read the rule below, you'll note that there is finite time limit to object to venue and perhaps the judge felt the time period was over. (Once venue is set at a court - like at this court from the original order- the court doesn't usually have the ability to transfer it to another court at the same level).

 

(e) Motion to Change Venue; When Presented; Waiver; Effect of Filing. (1) Except for actions under section (c)(3), (f)(2), or (g) of this Rule, a motion to change venue shall be filed within the time permitted for the filing of motions under the defenses numbered (1) to (4) of section (b) of Rule 12, and if any such motion, or any other motion permitted by Rule 12, is filed within said time, simultaneously therewith. Unless so filed, the right to have venue changed is waived. A motion under sections (c)(3), (f)(2), or (g) of this Rule, shall be filed prior to the time a case is set for trial, or the right to have venue changed on said grounds is waived, unless the court, in its discretion, upon motion filed or of its own motion, finds that a change of venue should be ordered.

(2) If a motion to change venue is filed within the time permitted by section (a) of Rule 12 for the filing of a motion under the defenses numbered (1) to (4) of section (b) of Rule 12, the filing of such motion by a party under the provisions of subsection (1) of this section (e) alters his time to file his responsive pleading as follows: If the motion is overruled the responsive pleading shall be filed within ten days thereafter unless a different time is fixed by the court, and if it is allowed the responsive pleading shall be filed within ten days after the action has been docketed in the court to which the action is removed unless that court fixes a different time.

(3) Except as otherwise provided in an order allowing a motion to change venue, earlier ex parte and other orders affecting an action, or the parties thereto, shall remain in effect, subject to change or modification by order of the court to which the action is removed.

InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1955
Experience: 18 years as a family law attorney, adjunct law professor
InformationForYou and 7 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
So how do you get an order of the court?
Expert:  InformationForYou replied 6 years ago.
I understand from what you wrote before there previously was an order of the court (when the court originally ordered child support).

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