Questions or business other than order pick up must be addressed in the Family Law Clerk's Office during normal business hours.Īn Emergency Filing Drop Box is available for documents submitted after normal business hours. are available for pick up the following Court day from 12:00 p.m. - 12:30 p.m. Requests for Orders that are submitted in person, at the counter by 8:45 a.m. This division handles matters of the household or family, including dissolutions of marriage, legal separation, child custody, support and domestic violence.Įmail: Law Request for Order and Temporary Restraining Order pickup hours are 12:00 p.m. - 12:30 p.m. It is not intended to be legal advice and does not form an attorney client relationship.Welcome to The Superior Court of California, County of Stanislaus Family Law Division. The information provided is for informational purposes only. Even then, the court may not want to give up the case. Then, and only if, you are awarded primary custody would you be able to seek to change venue. Also discuss how you would encourage the relationship with the child's father if you had primary custody. Instead focus on why it would be better for your child to live primarily with you. Courts are required to consider which parent is most likely to encourage frequent and continuous contact with the other parent, so even if it is true, you will not will points saying your child is unhappy with Dad. You should consult with an attorney to assist with this, because if you lose, Dad will likely have primary custody. This requires that you show a material change in circumstances in that the child is going to be starting school, and the current arrangement is not in the child's best interest. What you would have to do is file a Request for Orders to modify the current custody orders. I'm assuming since you want to change venue that Contra Costa County is where the current case is. MoreĬlearly the current visitation would be difficult once the child starts school. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed.
The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. If you have found this information helpful, please let the attorney know by marking best answer. With the facts you have, it may be troublesome to obtain a change of venue. It sounds as if you have established a 50/50 timeshare split in Contra Costa County, but the original existing outstanding parenting plan is in Contra Costa County. It doesn't sound like you exactly have those facts. To successfully change the venue, you are going to have to prove up the facts that the child has established a new primary residence and resided in the new County for the past 6 months. Good luck! David Holcomb, Berkeley attorney Look that up on the court's website for more info. Once you file the Request for Order (I recommend you have an attorney help with that), the court will require you and the father to go to custody mediation at the courthouse, a worthwhile (and free) program that will try to help you agree, before it gets in front of a judge. You should try to talk civilly with the father to find a solution, and you could even try meeting together with a child custody specialist (a therapist such as Shendl Tuchman in Oakland is excellent) to help you find a mutually acceptable solution that is good for your son (and not a result of either of your emotions).
Now that he will begin school, that is a good reason to question continuing with the week on/week off schedule in two different counties. As others have suggested, I advise you not to spend any time or focus on venue, and instead address the best needs of the child with regard to primary residence. You do not seem as interested in the venue for the case, as you do in changing custody to be primarily in Alameda County.
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