Are you in a situation where you need to transfer your family law case to another county? Maybe you’re moving to a new location or believe the legal process would be more favorable in a different jurisdiction.
Whatever the reason, understanding the process and steps involved is important. If you don’t know where to start, don’t worry. We’ve got you covered.
From understanding the legal requirements to filing the necessary paperwork, we’ll cover everything you need to know.
Whether you are seeking legal assistance or simply curious about the process, Select Law Partners PLLC can help. Their experienced team of attorneys understands the complexities of family law cases and can provide appropriate guidance and support.
What Is A Motion For Change Of Venue?
A motion for change of venue is a legal request made by one party or both in a court case to move the trial to a different location. You must submit a Motion for a Change of Venue to the Superior Court where your case originated.
Reasons For Transferring A Family Law Case To Another County
When it comes to family law cases, there are various reasons why a case may need to be transferred to another county. Let’s take a closer look at some of the reasons.
- Convenience for Parties Involved – One of the main reasons for transferring a family law case is to ensure convenience for all parties involved.
This could be due to logistical reasons, such as the distance between the current county and the parties’ residences or workplaces.
2. Change in Residency – Another common reason for transferring a family law case is when one or both parties have changed their residency.
If one or both parties move to a different county, it may be necessary to transfer the case to ensure that the appropriate jurisdiction handles it.
3. Conflict of Interest – Conflicts of interest may sometimes arise during a family law case.
This could be due to personal or professional relationships between one of the parties and individuals within the court system in the current county.
Transferring the case to another county where no conflicts of interest may be necessary to ensure a fair and impartial hearing.
4. Bias or Prejudice – Concerns of bias against one of the parties can also lead to a transfer of venue. This bias may be based on race, gender, or other protected characteristics.
A request to transfer the family case ensures that the case is heard in a jurisdiction with fair and unbiased judgment.
How To Transfer A Family Law Case To Another County?
Transferring a family law case to another county involves several important steps. Here’s a clear and concise guide to help you through the process:
Step 1: Preparing Your Documents
A. Get the Right Forms – Obtain the necessary forms for transferring your case. These typically include:
– Motion for Change of Venue
– Declaration in Support of Change of Venue
– Proof of Mailing or Hand Delivery
– Order Changing Venue (Proposed)
– Notice of Hearing
B. Fill Out the Caption – On all forms, fill out the caption (the top portion of each form naming the county, case number, and parties involved). Copy this information from the Petition you were served with.
C. Complete the Motion for Change of Venue
– Indicate that you request the court move your case to another county.
– Cross out that part if you do not want the other party to pay the costs of moving the case.
– Fill in your name and the county you want the case moved to.
– Sign and date the form at the bottom.
D. Draft the Declaration in Support of the Change of Venue
– Fill out the caption as done previously.
– State your name, age, and relationship to the parties in the action (Respondent or Petitioner).
– Explain clearly why the court should transfer the case, using short and factual statements. For example, “Neither the other party nor I live in the county where the case is filed.”
– Sign and date the declaration, indicating the place (city, state) where you signed it.
E. Prepare the Proof of Mailing or Hand Delivery
– Fill out the caption.
– Have the person serving the documents check the appropriate boxes and fill in their name, the date of service, and the name of the person served.
– List all documents served, ensuring every form you included is checked.
– Your server should sign and date the form, stating the place (city, state) where they signed.
F. Complete the Proposed Order Changing Venue
– Fill out the caption and place your name and the desired new county in the appropriate spaces.
– Sign your name under “Presented by” and print your name below it.
Step 2: Filing and Serving Your Documents
A. File Your Motion and Supporting Documents
- File the originals of your Motion for Change of Venue, Proof of Mailing or Hand Delivery, and Declaration in Support of Change of Venue with the Clerk.
- Also, file a copy of your Order Changing Venue (Proposed) with the Clerk.
- Get stamped copies of your filed documents for your records and for serving the other party.
B. Serve the Other Party
- Have someone (at least 18) serve the documents on the other party. This can be done by hand delivery or by mail.
- Ensure that the server understands the importance of serving the papers correctly and filling out the Proof of Mailing or Hand Delivery form accurately.
- If serving by mail, remember that delivery is considered complete three days after mailing (excluding weekends and holidays).
C. Scheduling and Attending the Hearing
Schedule the Hearing
- Contact the family law facilitator or court clerk to schedule a hearing date. Ask about local rules regarding notice periods and any special forms required for scheduling.
- Complete the Notice of Hearing form, indicating the hearing date, time, location, and reason for the hearing (Motion for Change of Venue).
Confirm Your Hearing
- Confirm your hearing date as required by the local rules. Failure to do so could result in your hearing being canceled.
Attend the Hearing
- Arrive at the courthouse early and check in for your hearing.
- Bring copies of all your motion documents, including the original Order for Change of Venue.
- Present your case to the judge, relying on the facts in your filed declaration. Be concise and to the point.
After the Hearing
File and Distribute the Signed Order
- If the judge grants your motion, make copies of the signed order for your records and the other party (if they were not present).
- File the original signed order with the Clerk’s office. Do not leave the courthouse with or destroy the original order
Notify All Involved Parties
- Inform all involved parties about the transfer approval and the new court location, and provide timelines for future proceedings.
- Make sure all relevant case documents are transferred to the new court.
Conclusion
If you want to transfer a family law case to another county, following the proper legal procedures is important.
Consulting with an experienced law firm like Select Law Partners PLLC can be extremely beneficial in navigating the complexities of such a transfer.
They can guide you through the necessary paperwork and steps to request the transfer. With their expertise, you can have peace of mind knowing that your case is in capable hands.
So, don’t hesitate to contact them about divorce, custody, estate planning, and other family law matters.
