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About Dan Bachert
Expertise
I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience
Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Motion to Transfer Venue
Expert: Dan Bachert - 10/30/2009
Question
I have been separated from my wife for 3 yrs. We tried to make it work a couple of times in 2006. During that time we were living in Hillsborough County Florida. During that year she moved to Okaloosa County Florida with our son. I recently filed for divorce in Hillsborough County. Well today I received a letter in the mail for a motion to transfer venue. The lawyer put that the (1)minor child and her have always resided in Okaloosa county. (2)The parties have never resided as husband and wife in Hillsborough County and (3) There has been a child support case in Okaloosa County. My question is does this have any bases for a change of venue. She did move to Hillsborough county for a short period and obviously it didn't work and she moved back. What can be done.
Answer
Hi Stanley, if the motion for change of venue is correct in the facts that it states then venue would be proper in both counties for the dissolution but if custody and child support is at issue then the county where the child has resided for a period exceeding 6 months will usually control venue. Venue is usually decided upon the convenience of the parties and/or where the parties last resided together as husband and wife or where the parties own property together.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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