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Posts Tagged ‘venue’

Choosing to file your divorce or custody case in Riverside Family Court.

Thursday, September 4th, 2008

A divorce or custody filed case must be filed in the county of jurisdiction. This means, the case that has the ability to hear the case. In most dissolution cases, the divorce case can be filed where either party has resided for the six months proceeding the filing. Thus, if husband lives in Orange County and wife lives in Riverside County, wife can file her case in Riverside County.

For cases dealing with establishing paternity and custody, the case should be filed in the county where the children reside. However, there might be other courts where the case may be filed.

There can be multiple courts where a case can be filed. In such circumstances, it is important to consider the advantages of filing in one court house versus another. It is a well known fact that in any case there can be different outcomes depending on the judicial officer hearing the case. Hence, its important to consider where the case may be filed depending on the outcome sought.

It is always recommended that a party that is about to commence a custody case, paternity action, or divorce case consult an attorney to discuss all possible options that will help a party in his or her case.

For more information please feel free to contact one of our experiences attorneys at 800-589-9901 or info@dieferlaw.com.

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Transfering a case from one court to another (Change of venue)

Friday, August 1st, 2008

There are many reasons why a person may seek that a case be transferred from one court to another. At times, the transfer or change of venue if mandatory. But, in my experience most of the times the transfer is discretionary. Thus, it is very important than when a party files a request to transfer or move the case that he or she clearly state the reason for the move and provide the court with legal authority why the court should grant the request.

A request for change of venue can be made when both parties move out of the county where the case was filed. Or, a request can be made in custody cases when the custodial parent and the child moved out of the county where the case started. However, the custodial parent has to show that the relationship between the child and the non-custodial parent has deteriorated to a point where its not practical for the original county to retain the case.

For support issues, if the case is referred to the Department of Child Support Services then the support issues can be transferred to the county where the child lives.

Lastly, the court has the authority to transfer a case for the convinience of witnesses and if the transfer would promote the ends of justice.

It is very important that the motion be properly filed with legal support for the request to change the case and with declarations showing why the change is necessary. If the request does not contain legal authority or sufficient evidence, the court will deny the request.

For more information, contact one of our aggressive and caring attorneys at 800-589-9901 or at info@dieferlaw.com.

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