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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111600
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter's father has put in a "Motion of Venue and

Customer Question

My daughter's father has put in a "Motion for Change of Venue and Trasfer of Court File" on August 28, 2015. I have received this letter today, September 14, 2015 date as of September 11, 2015 that the I must "SHOW CAUSE IN WRITING" within 15 days why it should not be granted. Now his wife currently works for the County Court where they reside as a judicial assistant, I have even had my daughter tell me "her judge" [the one she works for] had taken my daughter as well as the two step children out for an entire day, that very day I have text messages stating that her father said "she's with a family friend". I do not want my case to be moved there, as I feel that this would cause a conflict of interest and even bias decisions made on our case. I even went as far as printing the picture of this judge and my daughter confirms that it's the same lady she was with.... What can I do and say to keep this from being changed to his county???? Please help me...
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You state in your objection that jurisdiction needs to remain in the current location because he is married to a court employee and that the judge has had interaction personally with the children and as such this creates an appearance of impropriety and bias such that is supposed to be avoided under the Judicial Cannons and Ethics Rules. You need to tell all of the facts and attach copies of the text messages as support.

At this point you need to consider getting an attorney involved immediately, because having one would certainly stop this in its tracks.

Customer: replied 1 year ago.
it possible to keep my custody case in my County if I do this?... Do you happen to know where I could look for a low cost lawyer?... I have difficulties with financials because it's just myself supporting her. I mean we manage really well... but I looked into retainer costs... and I just don't have 2,000 sitting around... Any idea where I could look?.... And thank you so much for your response... It gives me hope...
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Absolutely you can keep the case in your county. The second argument in your motion is that you reside in the other county, which makes jurisdiction in your county still appropriate.

If you cannot afford an attorney, then legal aid is your best place to try. However, before you go to legal aid, call around to some family attorneys at http://www.hg.org or http://www.lexmundi.com and while I know that it is tough financially to pay for an attorney, most will negotiate some with you and try to get your ex to pay your fees, but to keep your child and not get railroaded by your ex it is well worth it.

Customer: replied 1 year ago.
Now, I found out today that he told the courts, through documents that he furnished a copy to my current address.... But I only have this "motion to show cause" signed by the Judge... Is there a way I push this back? Or a way I can strike against his motion?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You can file an objection as you are going to do and you can raise that issue in the objection and ask the court in your objection for sanctions for him providing false information to the court. This will all be part of your objection to his motion.