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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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I live in a different city than the mother of my youngest child.

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I live in a different city than the mother of my youngest child. However, we live in the same state. She went behind my back and filed for custody in the city she lives in while he was visiting, even though he has lived with me for the past 41/2 years. Where is the appropriate place to file for custody? In my town where we live now? Or where she petitioned in her town?
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help. This is a very good Family law venue question. Venue is the proper place to hear the action, sometimes confused with jurisdiction, which is the right of the court to be able to hear the subject matter of the case in the first place. Venue in a child custody action lies in the county where the child and the parent who is with that child reside.The Uniform Child Custody act also would be in agreement with this. Thus it does not go by cities, it goes by counties. So If both cities are in the same county, she can file anywhere in that county. If her and the child live in another county, she should file in that county. If she has in fact chosen an improper venue, your remedy is to file in that court a motion for change of venue and to have the judge rule on it. Also in a non jury case like this venue most the time has very little relevance to anything, in fact many times parties agree to file in a different venue then where they live, to avoid publicity in there own town concerning the divorce. Unless there is a good reason that you must have it in your town, like a tactically advantage, or the Judge there really likes you, even if it is proper venue, it is not worth fighting about as it will effect nothing. Sincerely, Steve
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