Can my ex change the venue of visitation against my will?

Question:

I have been divorced for about 2 1/2 years. My ex wife is taking me to court over visitation among other things. She is trying to get a change of venue to the county she now lives in. I no longer live in the county we were divorced in either.

I am opposed to the change of venue. My understanding is the venue has to be in the county we were divorced in or the county my son resides in. Can the judge just grant a change of venue if I am opposed to it? Is it up to the judge’s discretion, or if I am opposed do they have to keep it in the original county?

 

 

Answer:
You need to consult a domestic litigation attorney licensed in your state as support guidelines vary from state to state.  Generally your case should be heard in the venue that is most convenient for the parties, i.e. where one or more of the parties live, where your son lives and where the information necessary would be contained. In most states, the Judge has the discretion to decide whether he or she will allow a transfer to another county.  You should be sure to contact a domestic litigation attorney to discuss how you have to go about objecting to her request to change the venue and the effect the new venue can have on your case.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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