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Pursuant to California Civil Code 397:
The court may, on motion, change the place of trial in the
(a) When the court designated in the complaint is not the proper
(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
(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 therespondent
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
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
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:
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