My husband was temporarily awarded custody of his two children on 8/14/09. Due to both parties having moved out of the county, the court ordered a venue change to the county that his exwife resides in. The order states this was based upon "more best interests of the children evidence being readily available such as school records, domestic violence reports, etc.)" and the order was put through on 9/1/09.

The attorney that we had doesn't practice in the county, so we're trying to locate another. On Sunday, she called and stated that she had received a letter from the exwife's attorney stating, among other things, that they want us to do something to get the case moving faster and if we do not, they will file a motion to dismiss.

Our attorney said to call the exwife's attorney and see if he would file the paperwork to get a new guardian ad litem assigned. I left him a message on Tuesday morning and still have not heard back from him. I called the family court commissioner in the new county and asked what had to be done but the woman there just kept repeating that she "couldn't give legal advice" and our attorney isn't sure how that county operates.

I have no idea what to do; are we supposed to refile the original papers in the new county? As I said, we're trying to locate a new attorney who practices in that county but we don't have the money upfront for a retainer - his exwife isn't even paying child support at this point so "saving up" is absolutely impossible.

Have you gotten another court date in the new county yet? I ask because the first judge only issued a temp custody order so my guess is that you would have to file again in the new county. That would suck but until you find another attorney that practices there that can work with you just keep doing what you've been doing. You can file on your own to get the court date at least.

Have you gotten another court date in the new county yet? I ask because the first judge only issued a temp custody order so my guess is that you would have to file again in the new county. That would suck but until you find another attorney that practices there that can work with you just keep doing what you've been doing. You can file on your own to get the court date at least.

There isn't anything set yet; I had assumed that the new court would set something up seeing as the order was only temporary but apparently that's not how it works.

I can file the paperwork again; that's not a problem. The problem is that we don't have $2,000-3,000 for a retainer fee until we get our tax return in February or March. And if I file now, they might schedule a court hearing before that time and then we'll be in more trouble. But if we don't file fast enough, her attorney is saying that they're going to file to dismiss. I'll be honest, I really don't think the judge would dismiss it but it still makes me nervous.