How are change of venue motions granted?

Question:Cordell & Cordell attorney Andrea Miller

My ex-wife is a paralegal in the county where my child support case is pending.

She knows all the judges and court staff and even enters the courtroom through the back doors by the judge’s chambers – not through the front doors like the rest of us.

Is this enough to get a change of venue?

Answer:

Unfortunately, I am not licensed in the state of Texas and therefore I can only answer the question using North Carolina law, the state in which I am licensed. Cordell & Cordell has offices in Texas who would be happy to assist you further.

In North Carolina statute 1-83 dictates the circumstances in which a party may change venue. The motion for change of venue must be done timely. In your instance, I am unsure if your attorney raised the venue allegation initially.

In North Carolina, the motion must be done before time of the answering has expired. If you did not do so, at least as North Carolina is concerned, it may be determined in the court that you have waived your right to challenge venue.

I would speak to a Texas attorney who can advise you on how Texas would answer the issue and its law concerning venue. Please be advised that my answering of this question does not constitute an attorney client relationship.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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One comment on “How are change of venue motions granted?

    I have an open child support case in Franklin County; however, my ex husband and I now live in Wake County. How can I get the case transferred to wake county? He also was ordered to pay spousal support, which he has not done. What type of motion can I file to get the courts attention on that?

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