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I am currently going through a divorce and custody case. My…

I am currently going...

I am currently going through a divorce and custody case. My lawyer came down with cancer the assistant that has been working on my case is no longer there. I can’t get a hold of anybody so therefore I don’t think I have a lawyer anymore. My soon to be ex-wife is the petitioner I am the dependent. We lived in Texas so the court was down there. We now have lived in Oklahoma for the past five months is there anyway I can request a change of venue ?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

We were set for a final hearing but it is getting pushed back to to my lawyer having cancer. I don’t believe he is coming back to the office

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a VPO on me. Not sure if that matters with a change of venu. The VPO is from Oklahoma

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Answered in 27 minutes by:
3/12/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience: Attorney
Verified

You still have a lawyer until either you excuse your lawyer or the court excuses your lawyer. Your attorney would have to ask the court for permission to withdraw from your case. Based on your description of his condition it is likely he/shee would be allowed out of the case. The question going forward would be if your attorney is unable to continue whether you want to hire another attorney or handle the rest of the case on your own. If you want another attorney if your relationship was good with your attorney they should be able to give you a referral to another attorney.

Regarding venue: If you are looking to move the case to OK then the case can still stay in TX as long as the court has jurisdiction. Changes in venue generally refer from changing from one location to another within the same state/county. So since this is not considered a change in venue then the VPO really would not be considered. If TX had jurisdiction to start the case then just relocating during the case is unlikely to change jurisdiction so the court still has jurisdiction over your divorce. If some reason they did not have or no longer have jurisdiction then the result would be that the case would be dismissed in TX and you would have to start the proceedings in the new state from the beginning. If your goal is to complete the divorce as soon as possible then you should leave it in TX and work towards finalizing the case. You stated it is in the final stages. If you want to proceed with a divorce in OK, then you can file a motion for the case to be dismissed because of the change in venue, but I don't think the court would likely grant it.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue is works to your satisfaction.

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience: Attorney
Verified
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