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.
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.
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.
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 parties must file the motion with the court in which the family law case was originally filed. Then, the court will set a hearing date. Finally, the motion will need to be served on the other party so they can file a response if they do not agree with the request.
Rule 49 allows full discovery of important facts to avoid “litigation by ambush.” The Rule promotes greater professionalism among counsel, with the ultimate goal of increasing voluntary cooperation and exchange of information.
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.
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.
TAKE OR MAIL the original and one copy of the Update Information on Address and/or Name form to the Clerk of the Superior Court. To find your local Clerk of the Superior Court location go to .