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Robert
Robert, Attorney
Category: Family Law
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Experience:  I am a licensed Attorney.
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I am drafting my own motion to venue. I need to move my child

Resolved Question:

I am drafting my own motion to venue. I need to move my child custody case from LA County to Riverside County. I moved to Riverside County October 2011. I now reside in Riverside County. My child goes to school in Riverside County. The father still lives in LA County. However he travels to Riverside county often to visit our child. It is a hardship for me to travel 78 miles from RS county to LA county. What family code/civil code should I use in my motion? I am drafting this motion without the assistance of an attorney, is that advisable? My mother just died of terminal breast cancer without a will, so I had to pay for her funeral expenses, I can't afford an attorney and the father is railroading me in the court. The judge oftens sides with the father. I am just devasted... Please help
Submitted: 2 years ago.
Category: Family Law
Expert:  Robert replied 2 years ago.
Hello and thank you for choosing JustAnswer!

Pursuant to California Civil Code 397:

The court may, on motion, change the place of trial in the
following cases:

(a) When the court designated in the complaint is not the proper
court.

(b) When there is reason to believe that an impartial trial cannot
be had therein.

(c) When the convenience of witnesses and the ends of justice
would be promoted by the change.

(d) When from any cause there is no judge of the court qualified
to act.

(e) When a proceeding for dissolution of marriage has been filed
in the county in which the petitioner has been a resident for three
months next preceding the commencement of the proceeding, and the
respondent at the time of the commencement of the proceeding is a
resident of another county in this state, to the county of the
respondent's residence when the ends of justice would be promoted by
the change.

Because you live in another County with your child then the proper venue would be where you and the child live. Generally, Courts will allow cases to follow the child's residence.

California Rule of Civil Procedure 397.5 indicates:

In any proceeding for dissolution or nullity of marriage or
legal separation of the parties under the Family Code, where it
appears that both petitioner and respondent have moved from the
county rendering the order, the court may, when the ends of justice
and the convenience of the parties would be promoted by the change,
order that the proceedings be transferred to the county of residence
of either party.

If you and your child could be testifying, which is common in custody cases, then you can argue that it's more convenient for the witnesses to change venue and such a change would promote the ends of justice. Explain how theXXXXXimpacts you, but more importantly, how it negatively impacts and disrupts the best interests of your child.

Pursuant to California Family Code 7620(b)(1) the proper venue is where the child lives. The following is a link to this statute:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7620

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

While of course not required, positive feedback and/or a bonus are greatly appreciated if I have been helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

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Customer: replied 2 years ago.
Thank you for the information Robert .. I do have a question that needs clarification. How would I explain theXXXXXnegatively impacting the child and his best interest if I travel alone to the courthouse
Expert:  Robert replied 2 years ago.
Thank you for your follow-up.

Since this is a custody case it is reasonable to believe that even if you haven't had to take the child with you to court yet you may need to do so in the future. Generally speaking, a court will agree to transfer venue to the county where the child is living most of the time. Be sure to use that last statute I provided you with.

I hope this has helped. Please let me know if you need me to further clarify my answer and I will be glad to do so. I'm happy to help.

Thank you,



Robert
Customer: replied 2 years ago.
Thank you Robert. .... One last question.. Could I state in my motion re: impact on child... that I have to get him up extra early for babysitting purposes when traveling to court on hearing dates and that effects him in a negative way... the judge may bring up the fact that this is summer... However he will be in school again in the fall right?
Expert:  Robert replied 2 years ago.
Thank you for your follow-up. A quick reminder: this is not legal advice and your chances will be improved if you speak with a local Family Law Attorney. I suggest, if you do not have money to retain such an Attorney, that you call around and find one that will at least offer you a free initial consultation. If you choose to do this, then the following link will allow you to select your area in California and view contact information for local Family Law Attorneys:

http://lawyers.findlaw.com/lawyer/practicestate/Family-Law/California

State in your motion EVERY way that traveling would negatively impact your child. Include any and every reason you can think of that the venue being over an hour away negatively impacts the child and is an undue burden to yourself.

Again, I suggest you speak with a local Attorney (or several) that offer free initial consultations (if you can find them) even if you do not choose to retain your own legal counsel.

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,




Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
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