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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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If the child's and parents legal residence is in one county

Customer Question

If the child's and parents legal residence is in one county can a parent file in another county. would the county where the child resides take presidence
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. To answer directly, residence of the child is deemed key and primary. So unless custody changes to a new county with a new parent (or old parent if that parent moves), the legal residence is deemed controlling and where the parent must file. If the parent files elsewhere and this is a court that did not yet hear this case, the other parent can file a motion to change the venue and to transfer the case to the proper county. Sincerely, ***** *****