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Started By
Message
Legal question for you aspiring law students
Posted on 8/7/20 at 3:26 pm
Posted on 8/7/20 at 3:26 pm
I want to change venue for my custody case. Children’s mother has moved out of parish where filing/court case was held. I never actually lived there. Would like to move it to my parish since my residence has never changed and hers has. We have 50/50 custody and she’s breaking custody/court judgments with some of her actions. Blatant contempt of court type actions. Can I get a change? How would I go about it?
8
Posted on 8/7/20 at 3:28 pm to tha mastablasta
I bet you do the swap at McDonald's
Posted on 8/7/20 at 3:28 pm to tha mastablasta
quote:
Can I get a change?
sure
quote:
How would I go about it?
Hire a lawyer. Unless you dont actually give a shite and just wanna wing it.
Posted on 8/7/20 at 3:28 pm to tha mastablasta
Lol. good luck.
Posted on 8/7/20 at 3:35 pm to swamplynx
I think the chances are pretty good you will both still be battling this out in the court you started in.
Posted on 8/7/20 at 3:41 pm to tha mastablasta
No idea about LA laws, but in MS the Court that first hears a case involving custody of children retains exclusive jurisdiction over any modifications that may be filed later. If both parents have moved out of that Court's jurisdiction, then the Judge can relinquish that jurisdiction to where the child currently resides the majority of the time. If it is truly a split custody situation, then it reverts back to normal venue/jurisdiction rules which say venue and jurisdiction lies where the defendant lives in this type of case (or where the cause of action arose, but that's not applicable in a custody case).
In short, based on what you described it will be heard where the original ruling came out of, and if you ask for a transfer it will go to where mom lives if you are the one petitioning for a change.
In short, based on what you described it will be heard where the original ruling came out of, and if you ask for a transfer it will go to where mom lives if you are the one petitioning for a change.
This post was edited on 8/7/20 at 3:43 pm
Posted on 8/7/20 at 3:43 pm to Ash Williams
quote:
Hire a lawyer. Unless you dont actually give a shite and just wanna wing it.
I'm peripherally involved in a situation where some heirs are wanting to sell a piece of jointly held property. One of the heirs is living on the property and refuses to move, so the other heirs filed a lawsuit for partition by licitation. The one refusing to move is representing herself, and filed an answer consisting of a rambling statement saying, in essence, "I don't want to move."
Posted on 8/7/20 at 3:44 pm to tha mastablasta
quote:
I want to change venue for my custody case. Children’s mother has moved out of parish where filing/court case was held. I never actually lived there. Would like to move it to my parish since my residence has never changed and hers has. We have 50/50 custody and she’s breaking custody/court judgments with some of her actions. Blatant contempt of court type actions. Can I get a change? How would I go about it?
About the only way this will be granted and only if she don't fight it. I'm no law student but have 2 divorces with plenty of relocations under the belt.
Good Luck.
This post was edited on 8/7/20 at 3:46 pm
Posted on 8/7/20 at 3:48 pm to tha mastablasta
JD here. You should have a representative who handles your custody case. That’s who you report all violations and they will handle with the court and the other side.
Posted on 8/7/20 at 3:53 pm to MadeFromScratch
I have a lawyer, fwiw
Posted on 8/7/20 at 3:54 pm to tha mastablasta
quote:
I have a lawyer, fwiw
Then why are you asking the OT rather than him/her?
Posted on 8/7/20 at 3:55 pm to tha mastablasta
Free legal advice is worth what you pay for it.
Posted on 8/7/20 at 3:55 pm to AbitaFan08
To make sure the lawyer knows WTF he's talking about.
Posted on 8/7/20 at 4:35 pm to tha mastablasta
Could vary state to state but the general rule is that the court who issued the original custody order maintains exclusive jurisdiction over any modifications to the order unless they find that 1) both parents no longer reside in the state where the original order was entered; or 2) the child no longer has a significant connect to that original state.
This isn't legal advice, I'm just stating the basic rule. You need to consult your attorney who should know the rules for your state.
This isn't legal advice, I'm just stating the basic rule. You need to consult your attorney who should know the rules for your state.
This post was edited on 8/7/20 at 4:36 pm
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