Expert: Jeff Laatsch - 2/26/2007

Question
we have never been married. i lost custody of my daughter to her father  a little over two years ago back in vancouver washington.for months later her father called and asked for me to come pick her up so she can live with me again.we live in indiana state.he isnt going to give legal custody of her .shes 8 years old and wants to live with me not him. i want joint custody. how do i get my case moved from washington  to indiana so that i can file for custody here? i heard i need to motion for change of venue? is this correct if not what do i do? what do i motion or what do i file?i need the names of the motions and the names of the files i have to file?

Answer
Christine,
DISCLAIMER:
I AM NOT A LAWYER OR ATTORNEY. I am someone who has experience in dealing with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney or Lawyer in your county/area.

Change of Venue is possible, but very hard to do because most states like to retain the 'ownership/history' of the file unless BOTH parents move out of state. Since Dad still resides in WA then the county in which you filed everything(on paperwork you have) is where you must file all papers.

Now this is NOT to say that it is impossible to get a change of venue, but unlikely so check with a legal Professional Attorney for further details.

One of the mitigating circumstances that might give you the right to do a change of venue is having custody of the child for over one year. This also makes it possible for you to retain 'legal primary' custody of the child. Check with the lawyers/attorneys about a 'Latin word' for giving up custody of the child. I know there is one I just don't know the word. When you find out let me know.

So what you need to do is:
- Hire lawyer locally in Vancouver
- Petition the court for Modification of Child Custody
WITH option for possible change in venue.
- Petition the court for modification of parenting plan
and visitation schedule.
- Provide updated Child Support worksheets and new calculated Order for Support IF there has been a big change in income on either side.
- File new Financial Declarations if necessary
- File Final order with Facts and FINDINGS.

This is the ballpark of paper work that I know that will need to be filed. Your first step is hiring an Attorney who is good, and you feel comfortable with doing business far away with. This may take you to come to Vancouver, WA to look for Attorneys.

Kind Regards,
Jeff