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MrPayne
Aug 16, 2010, 04:28 PM
Does anyone know the procedure for requesting a Change of Jurisdiction in the State of California? My ex-wife and I lived in Southern California at the time she filed for divorce in 2000. I ultimately received primary physical custody of our four children after a year in the court system. She filed for custody 3 times thereafter and, each time, I was still granted physical custody. In 2003, after a particularly brutal case, I was granted a "move-away" and I moved to Northern California. I have lived here with the children since (it will be 7 years in September '10)... A little over year ago, my ex moved from Los Angeles to Chicago, Illinois, and filed for custody yet again in Los Angeles where our initial case began. After an extensive Child Custody Evaluation, I have not only retained primary physical custody, she was only given (2) 1-week visits that must be completed in the city in which we live. The new order states all visits must take place in the city where the children reside, with no "overnights", visits must take place from 10am to 10pm during the week. Furthermore, her "legal" rights were reduced to simply her having the right to joint major medical decisions. I was awarded the right to make any and all other decisions but must send her notification of school changes, etc. My question now is this... NONE OF US live in Southern California. Now that I have a new Court Order and the case is currently closed, how can I request a change of jurisdiction and move everything to the city in which we live. If she were to start a new case, I don't want to have to deal with the 4-hour drive and expense involved in driving to Los Angeles. Any information, suggestions or help would be greatly appreciated.

cdad
Aug 16, 2010, 04:32 PM
You can't change it now since there is nothing ongoing. But as soon as she filed. Even the last time you could have changed it then. The reason being the lack of current jurisdiction. That way you force her or the moving party to file where the children currently live.

ScottGem
Aug 16, 2010, 04:36 PM
Since neither parent lives in the jurisdiction of the original order this should not be a problem. Just file a motion in your local Family Court for change of jurisdiction.

MrPayne
Aug 16, 2010, 05:17 PM
Hmmmm... I keep getting these types of conflicting answers... Some say it's an impossibility... others claim it to be rather simple. Hmmmmm... which is it?

ScottGem
Aug 16, 2010, 05:21 PM
We're both right. It is easy, it's a matter of timing. Califdad is correct that you can't file now. You have to ask for a change as part of another action by either party. But it should be a slam dunk.

cdad
Aug 16, 2010, 06:00 PM
Hmmmm...I keep getting these types of conflicting answers...Some say it's an impossibility...others claim it to be rather simple. Hmmmmm...which is it?

It's the same answer just different wording. I agree it should be a slam dunk when it happens.

MrPayne
Aug 16, 2010, 06:09 PM
Aughhhhh... My ex moves like people change clothing. She has lived in Illinois for a year now, but I'm sure she will move back to Los Angeles soon. She doesn't usually stay out of state much longer than a year. Once back in LA, then I will be sunk in terms of trying to get the change, right? If she ultimately lives there again, I'm wondering if it would be denied.

ScottGem
Aug 16, 2010, 06:48 PM
No, once she moves out of the jurisdiction, it won't matter when if she moves back.