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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31501
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My sister is disabled and had to recently move to a different

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My sister is disabled and had to recently move to a different county in the same state of New Mexico. I need to know how the ADA supports her position now that she is filing a change of venue in her divorce. note husband has not provided her nor their two children any financial support and has not paid the ordered temp child support. She is now receiving her social security but had to move due to financial hardship home foreclosure and harassment by husband. She is now moved to an area in same state much more affordable and near family and friends who can assist her and the kids.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : A person's disability cannot automatically guarantee a change of venue. The ADA does not extend to impact the rules of procedure.
Kirk Adams : However, she can file a motion for a change of venue in writing to the presiding judge as part of the case. The judge may consider an individual’s disability, along with other relevant factors, in granting or denying the motion. Furthermore, the court cannot exceed the law in granting a request for an accommodation.
Kirk Adams : Thus, it is certainly permissible to request the change of venue, but there's no guarantee of a change due to the disability.
Kirk Adams : In order to prevail, she could claim that her disability impacts her ability to participate AND that the other party will not be prejudiced by the transfer, and that an injustice will occur if venue isn't changed.
Kirk Adams : THANK YOU for allowing me to assist. If you have any additional questions, please don't hesitate to ask.
Customer:

Thank you so m uchià

Kirk Adams : No problem. Please let me know if you need anything further.
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