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Can I get a change of venue on visitation modification?

Child Custody 2 views 3 answers
I sought after a visitation modification to my ex in our previous home town. In his reply he sent papers to my new home for full custody. I know full custody is going to be tried here where my daughter lives with me. I think he just did that as a scare tactic. Can I ask the court to hear the visitation modification while in court for full custody. Going to his home town court is intimidating since his family is wealthy and influential.He has not signed the agreement to consolidate cases. I will not sign agreement to have both in his town. The first case is full custody, I do not have court date for visitation modification. There is a pending case against him for simple assault & battery in his home town.

Attorney Answers

3
Merlinus Monroe ·
Unfortunately, this will be very difficult to undo. It *is* possible to get this transferred on forum non conveniens grounds. You filed, and he Answered with a Counterclaim for full custody and a venue challenge. That means the Venue Challenge must be heard first, in Jefferson. For child custody matters, I have consistently found Jefferson to be a fair place, that is genuinely concerned about the well-being of children. You are going to need a persuasive lawyer, and I wish you the best of luck. You may check the blog I maintain on my website at www.merlinusmonroe.com for many of your questions about these issues.
0 upvotes
Anthony Zezima ·
Yes, you can consolidate your visitation case with the custody case. However, this is not a do-it-yourself project. You need to obtain the services of an experienced family law attorney to handle these issues for you. You did not mention the age of your daughter. That could make a big difference in the strategy and the outcome. If your ex has an attorney, then it is even more important that you have your own attorney. If what you believe is true, that his filing is only a "scare tactic" or done for leverage, then negotiations and mediation may be an avenue to pursue.
0 upvotes
Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
You need a lawyer. What you're asking about is plausible, but trying for it is NOT simple. There also may be arguments and defenses available that you're not going to be able to think of. Please, get a lawyer.
0 upvotes

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