Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated. A custodial parent can face legal consequences for preventing visits between a child and the noncustodial parent. A child who refuses visitation puts a parent in a perilous situation.
The answer is yes; you can change the venue of your case in the Golden State. To transfer the case, you must file a motion for a change of venue (request for order) with the court where your case is currently filed. The court will then consider your motion along with your supporting declaration.
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
Speaking ill of the other parent or their family members, especially in front of your child, is a mistake. It not only harms your child's emotional health but also reflects poorly on you in court. Judges favor parents who promote a positive relationship between the child and the other parent.
The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.
An application for a change of venue must be filed at least 10 days before the date set for trial. The Judicial Council of California plays a role after the court grants a change of venue. The Judicial Council of California does not decide whether a change of venue should occur.
You can file a request for a continuance in advance of the upcoming hearing date. If you contact the clerk's office at the courthouse where your case is being processed they should be able to provide you with the packet of forms for filing a request for a continuance.
The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.