And the next trick up the sleeve is........
....BM threatening to move the custody case from our current county, to a different one. Can she really do this? The case has already been heard twice in our county. The order's been in effect there since 2005. The papers she was served said she is in the same county as us. From what I know, her address is still covered in our county. SS was born here, and lived here until she wanted to move over a year later. Now she is saying that she can file with this other county, because that's the one listed on her lease. We have no idea where the courthouse is in that county. We're not so much worried that having the custody heard in a different county will work against us~ actually the county we live in is one of the most backwards and corrupt in the Tri-State area. We just don't know how he would get to the hearing.
Does anyone have experience with cases being moved?
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Moving counties..
I live in Minnesota and usually here the case stays in the county in which the divorce was filed in.Generally speaking, a marital dissolution proceeding or custody case remains venued (located) in the county where it was originally filed, even if neither of the parties still reside in that county. As such, a case filed in one of the Twin Cities metropolitan area counties will typically remain in that county for as long as the Court has jurisdiction over the parties. However, if there are substantial reasons for changing the venue (i.e., the divorce case involves children, and the spouse who received primary physical custody moved more than one hundred (100) miles away from where the case was originally filed), the venue may be changed following a formal motion on the issue.
**If i was you I would call a local family law lawyer and ask what the laws are in your state or you can go on line to your state's website and you should be able to look up thier legal codes and statues.
What if there was no divorce or marital dissolution?
BM and DH never married. My DH filed custody in our county in 2005 and that's where it has been since. I just don't get how or why she would suddenly get it changed now, when she still lived at her current location even when custody was first filed. Like if she had a problem with where the case was heard, why didn't she say anything then.....why is it just now being brought up.....