Venue Change Of Venue

Question: How do I change Venue of a TEXAS Child support order to Florida where the Father and I live? Texas gave joint custody to my childs father giving him the right to residency . He lives in Florida I was living in Texas with my daughter at the time. Four years later I got a hjob with a company that I was able to transfer to there office in Florida and We all now live here . I have lived here now for 3 years , I tried to change venue but the courts here told me Texas wont relinquish jurisdiction. What am I suposted to do now I have another child and He had me paying childsuport on an income I can prove I never came close to ever making.

Answer: If you got divorced in Texas, that court is going to retain jurisdiction until the child is 18 years old. A FEDERAL LAW, the 1994 Child Custody Act, prevents parents from being able to move to another state with their children without the permission of the other parent or the Court of Original jurisdiction. Unfortunately, it also prevents Texas from "ceding" jurisdiction over Custodial and Child Support issues to another state- even with the permission of the parties! You could file a motion for Modification of Child Support in TEXAS, and hope the Judge would consider that Texas TECHNICALLY does not have, "a dog in the hunt", anymore, but he likely will NOT change anything but the AMOUNT. Think about it; all you'd have to do is move back to Texas, and the whole process would have to start over again! The Law does NOT like people to be "playing" those kinds of games (the way the COURT would see it!)

Question: How do I file for a change of venue from NC to MO? Do you think we have a good chance of having it granted? My husband recently recieved custody of his 2 children last September. We moved to MO in October due to him being in the military. I know we have to wait until the children have resided in MO for 6 months. However, can we file for a motion to change venue? Do we file that with MO or NC? Also, could we technically file for a modification in visitation here and allow the courts to determine between themselves who has jurisdiction? The quick version of the story is his ex had all four of her children placed in fostercare due to neglect and abuse. We got his children out of foster care and recieved temp custody. We then went after full custody and recieved it. The judge that ordered this was a social services judge and not the normal family court judge that handles custody. The judge ordered we bring the children from MO to NC every other month. We have one income and four children total. We cannot afford this. Also, one of his children are starting school soon and he himself cannot afford to miss a week of school every other month. The marine corps will not allow my husband to take the amount of leave necessary for him to take the children to NC every other month. These should be my extenuating circumstances. Also, the court order states that we being the children to NC every other month and she come to MO every other month. She had made a verbal agreement to come to MO instead of us coming to NC. We have the receipts of our purchase of her plane ticket. She now is mad and states we need to bring them there. an she do that and if we do not, arent we all technically in violation of the visitation order if neither party follows it? The problem is where she lives in NC has a population of like 9000 people. They are a very small and biased community. We would like to have it moved to where we are for many reasons. 1 to get rid of the bias we feel. 2 because we cannot afford to go back and forth from MO to NC. That is why I am wondering if we can file for a change of venue on our own, how we file for it on our own, and do you think there is a high possibility it will be go through?

Answer: Both could be in contempt if you don't follow the order. But, I would definitely get the case moved to MO. Every other month is absurd. They knew he was in the military. What if he gets assigned overseas? You need to go to court there and get this mess straightened out. You will probably need a lawyer's help.

Question: Someone filed a law suite against me in another state. Can't I force them to change venue to my home state? Someone bought products from a company I work for over the telephone, The product was shipped via common carrier. The customer was dissatisfied with the color, and is now suing me (I don't own the company - just work here). I live in Georgia, they filed the suite in the customer's state of Virgina. My company does advertise with an internet web page if this makes a difference. Can they do this? Can I force them to change the venue to my home state?

Answer: You are asking a question about personal jurisdiction which is a very complex constitutional issue, and varies based on state laws as well. The short answer is that, because your company intentionally sold and shipped products to Virginia, it can probably be sued there. The more immediate issue for you should be getting your name off the suit. This plaintiff should be suing your company, not you as an individual. If there is a lawyer on the other side of this case, I'm shocked that you would be named as an individual. You should be able to get out of this on a motion to dismiss. I assume there is some type of invoice that went out with this product. It should be clear from that invoice that your company is the seller and a party to the contract, not Michael the sales associate.

Question: how to get change of venue granted? Both former husband (FH)wife(FW) divorced in Broward County, Florida. FH gave FW permission to move to Clay County Florida in 2005. FH no longer resides in Broward County as of July, 2007. FH has so far been found in 5 contempts of the marital settlement agreement. FW is on permanent disabilty and FH does not pay child support and alimony as he should (a sixth motion for child support enforcement is filed in court). FW filed motion to have the venue change from Broward to Clay County florida where her and minor child reside. FW was denied by the court (child modification and sixth motion for contempt is filed and FW told court she is willing to strike the motions if she can get the venue change and then will refile at a later date) the venue change. FW is indigent, is on medicaid, etc. FW cannot afford to keep purchasing airline tickets and cabs to get to her court hearings and leave minor child (16) Is there anything else she can do or cases to help her get venue change?

Answer: seems you need an attorney that can present the hardship case for your side. proper paper work should be allowed.

Question: Question about change of venue.? My ex wife and I were divorced in one county but now both reside in another county 2 hours away. I am wanting to have our visitation agreement modified and am going to request a change of venue so that this can be handled in the county in which we both now reside. My question is...will she be notified before the change of venue is granted? Also, if she IS notified, I'm sure she will contest the change of venue just to be difficult. On what grounds could she contest the venue change since we both reside in another county now? Any help would be appreciated. Thank you! Also, if she does NOT contest a change of venue, can the court approve it without us having to travel to our previous county for a court hearing and me having to pay my attorney to do so as well?

Answer: You will need to Motion the Change of Venue up. Therefore a Notice of Motion must be sent to your ex wife prior to it being accepted by the court. When you file a motion, a court date is set. That court date must be provided to all parties. Therefore, your ex wife would know of the court date before the court even hears your motion and before it is even granted or denied. On the date of the hearing on your motion, your wife can request to have 28 days to file a response. The Court will grant this request. However, I am unaware of any reason for her to be able to contest a motion to change venue if you are both living in a different county. Hope this helps!

Question: How do I get a change of venue in a court case? I live in Alaska , my daughter's father lives in California, and has filed custody papers against me. Can I have the case moved up to Alaska, since that's where my daughter and I live?

Answer: That depends upon where the original custody order was entered & how long your daughter has resided in AK, & whether there have been any intervening orders, & maybe svereal other factors. There are statutes governing which court has jurisdiction. You MUST see an attorney for a definitive answer.

Question: Party problems. Cancel, change venue or postpone? So I'm having a party for my birthday, and I realise I'm probably going to come off as the bad guy in the situation but I really need help. The party is in about 1 week at my place, and I have about a max of 100 people coming. I may have been over excited with handing out invitations, i admit. Now my parents have just told me i'm not allowed any alcohol, and that they will be doing bag checks and have a guest list to check off. I'm really embarressed, as most of my friends are planning to have a good time, obviously not just get drunk, but if my parents really DO do a bag check etc and don't let my friends into MY party, I'll be screwed. what should i do? cancel the party? am I being unreasonable, or are they? additional info:: I am underage, but quite a few of my friends arn't. Yeah I see where you are all coming from. It's not that I don't understand the implications and dangers that come along with a house party (and underage drinking), the only thing is I just don't want this working out to be embarrassing for me, my parents and my friends. I'm kinda regretting organizing this now, clearly I didnt' think it through nearly enough, but I do feel that it'll be selfish if I cancel the party on grounds that I don't want to look stupid in front of my friends. People have taken time off work etc, and I guess that cancelling wouldn't be the right thing to do. I realize that what my parents do, they do out of care for me & my friends, and I think the conclusion i've come to is to put my pride aside, and hopefully just still have a fantastic time. =]

Answer: Tell your GOOD FRIENDS the situation, I am sure they will say, "damn, thats not cool, why dont we just have it at......." I am sure they will come up with ideas on where to have it, No one wants to go to a birthday party where the PARENTS are bag checking, My son is 21, and I wouldnt dream of it when he wasnt of age. How embarrassing for you.

Question: How can i get a house of blues venue to change a show to all ages? I am 17 and my favortie artist, andrew bird is playing, but it is 18+ I want to send them an email pleading them to change it to all ages. I need some help on trying to persuade them to change it. any ideas of something clever to say

Answer: in most cases, with an over 18 show they will let you in with your parent.

Question: how do i get a change of venue on a misdemeanor ticket? I got into a fight at school. I got a ticket for fighting in a public place and disturbing the peace. This occurred while attending a school in Northridge. I now reside in LA and would like the case to be changed to out here is there any suggestions on what I should do? THANKS

Answer: There is nothing you can do. You don't get to change the venue simply becuase you moved. Hope this helps.

Question: Do i need an attorney to pursue an change of venue? I know that im right about my case,and have the evidence to back up what i say .I told my lawyer this morning before court that if it goes the other way that I wanna an appaeal and seek an change of venue. my lawyer is trying to get out of it

Answer: Change of venue can be one of the more complicated areas of law. In almost every jurisdiction, you waive your venue argument after the first hearing (first hearing or appearance at which an order is entered). You cannot change venue after trial. While I am glad that you are confident of your case, I suspect the attorney does not share your optimism.

Question: What do you do if the judge you are trying to remove denies your change of venue? Has to do with the school system and a student and the judges wife being a teacher

Answer: Change of venue has nothing to do with what you're asking. Unless the judge can act impartially and there is a real conflict to the case at hand he is required to recuse himself from the case. However, if there is no conflict, then he is not required to recuse himself.

Question: Does the French judicial system allow for "change of venue" in certain cases? I read that the 2 policemen involved in the accidental deaths of 2 young men running from the police (electrocuted when they hid in a power station) will now be tried for failure to render lifesaving aid. Who has jurisdiction over the trial, will it be held in the same suburb where it occurred and will it have a jury trial? If there is a jury, will they have the authority to find them guilty or to set a penalty? I'm sorry if this is miscategorized but I don't speak French.

Answer: A case like this will probably go to The Palais de Justice in Paris especially as it was in a Parisian suburb. Juries do not set penalties,they only pass verdict of guilty or not guilty,it is up to the President of the court to decide punishment if a guilty verdict is reached.

Question: What do I wear to a Change of Venue hearing in Family Court? I have one tomorro at 9am and I don't know what to wear :-( What kind of attire should it be?

Answer: conservative

Question: what is the proper way to ask for an appeal and change of venue in oklahoma ? im due in court next week to settle issue on attorney fees that the defendan is coming after me for and i wanna be ready just in case it goes the other way.

Answer: If I understand everthing here, you were a plaintiff and lost. Now the defendant is looking to you to pay attorneys fees and costs of suit. Did you appeal the first judgment? Don't you have an attorney? Appeals vary by court and type of decision. You will need to look up your particular court rules and make sure you follow the guidelines. Bankruptcy may save you after you have the Judgment entered.

Question: Can the victim request a change of venue, if so how? The judicial system in that area is lax and the price of fuel to travel to that area are too costly . The victim and the defendants all live in same location so it would be more convienant for all. I feel the victim would have a better chance of justice being served as well. Yes criminal case.

Answer: Victim? A victim has no right to change the venue of an action. Only a party has that right if the rules of venue permit it and they make a timely demand and/or motion. You have to check the procedural rules to see what the proper venue is. When you say "victim", are you referring to a criminal case? The rules are usually different between criminal and civil cases. Criminal cases are usually heard in the venue where the offense was committed. Civil cases usually rely on the residence of one of the parties or, if the case concerns real property, where the subject real property is located. Typically it is too late to change venue if you fail to make a demand before or with your answer.

Question: Can I ask for a change of venue because I have terminal cancer and must stay close to home for chemo?

Answer: Your question makes no sense...change of venue for what? It's not your treatments, as you have them close to home. So..change of venue for...your piano lessons? your broadway play? what??

Question: Where is the white power International EURO conference being held? I heard the venue changed.? I am only wondering because it was supposed to be held in my town... Olive Branch, MS and I was concerned because the state has issued a State of Emergency to begin on Friday in our area. If there has been a change I am interested in knowing about it. I am not in any way affiliated with nor do I support the group.

Answer: Check WREG TV at 4:00pm. They are to report on David Duke's press conference on this topic. I absolutely am not an member nor do I support this group or any of its stances. However we need to know when they are in the area. I am appalled that any place in Tennessee would allow them to hold a conference.

Question: how many months do i have to live in texas in order to establish residency for child custody change of venue? i live in Louisiana and am moving to texas. how long do i have to be in texas before texas courts have jurisdiction?

Answer: you have to live in texas for a minimum of 6 mths to establish residency. Use to live in texas myself so thats the answer 6 mths

Question: How to obtain a change of venue from another state? My ex and I were divorced w/custody etc in Indiana, we both now live in California. I am trying to get physical custody due to him being in rehab etc etc. Please help

Answer: If you are both living in California, you should be able to file the suit in California without a change of venue. However, you should use a legal service to handle all the paper work for you, since it can be a little tricky. Check out www.findlaw.com for further assistance and locate legal help.

Question: how easy is it to get change of venue for child support? We moved 280 miles from original county.? We have moved 280 miles from original county and it is very expensive to get lawyer to go there, we have to pay for transportation. Ex also moved to another county but close by 60 miles.

Answer: My friend attempted to change venue for his child support (both no longer resided in the same counties) and the judge flatly rejected it. He actually wound up ordering that any future motions pertaining to their case, be located to a venue closer to the other party. Changing venue rarely ever happens.. usually you have to prove that there is a conflict of interest. For example: if you or your ex were related to a judge, etc.