How to Transfer a Family Law Case to Another County
The most common reason people want to transfer a family law case is that the court is no longer convenient. Usually, this happens when neither party lives in the county where they originally filed the case.
File a Motion with Supporting Declaration
In order to transfer a family law case to another county, one party must file a motion, also called a request for order. This motion is the legal process of asking the court to move the case to another court.
Additionally, the most important part of the motion is the supporting declaration. More specifically, the declaration explains why a person wants their family law case moved to another county. Believe it or not, a well-written declaration can be a key reason a judge approves a motion for change of venue. As a result, A People’s Choice spends a substantial amount of time making sure that the declaration is clear and concise.
The parties must file the motion with the court in which the family law case was originally filed. Then, the court will set a hearing date.
Finally, the motion will need to be served on the other party so they can file a response if they do not agree with the request. In their response, they will have a chance to explain why they feel the motion should be denied.
Attend a Hearing
At the hearing, the judge may ask questions to both parties. Obviously, both parties agreeing to move the matter to a different county is preferable. Such an agreement would ease the court’s ability to approve the request.
Present an Order to the Judge
After the hearing, an order should be available to present to the judge.
Once the court has approved the order, the parties can move their case to the other county. However, keep in mind that this change will also require the moving party to pay another first appearance court filing fee to the new county.
Contact A People’s Choice for more information on transferring a family law case to another county. We can help you prepare all of the documents you need to get a court order.