Family Attorney Relocation Cases – Carlsbad
Change of Venue
Generally a court case remains in the courthouse and county that it originated in unless one or both of the parties request that it be moved. A request for a case to move from one courthouse to another is called a request to change venue. The court will generally order a change of venue if both parties have moved to a different county or different state.
However, if one parent remains in the original county, then the court will analyze whether or not the case should be moved by considering the particular circumstances of the case. For child custody cases, one important factor would be the location of the child. Another important factor that a family court judge may consider would be the current judge’s familiarity with the case. If one judge has overseen the case for a number of years, and has a good handle on the issues in the case, then he or she may refuse to allow the change of venue.
Change of Jurisdiction
Generally, so long as at least one parent remains in the state within which the child custody case originated, then that state will continue to have jurisdiction over the issue of custody and visitation. However, if both parents have moved out of state, then the state that the child has lived in for at least six months preceding an action regarding custody and visitation has been filed is the proper state for jurisdiction on these issues. The state having jurisdiction over custody and visitation is called the child’s “home state.”