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Legal Information: California


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January 11, 2024

Can I change the state where the case is being heard?

If you move to another state, you may be able to change the state where the custody case is being heard. You will have to file a motion in court to ask the judge who is hearing the case to change the state where your case is being heard, which may be called a motion for a change of venue. The judge may do so if the child and both parents no longer live in California or if the child and one parent no longer live in California and substantial evidence is no longer available in California concerning the child’s care, protection, training, and personal relationships.1

This is often complicated and, as with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer in your area please visit the CA Finding a Lawyer page.

1 See Cal.Fam.Code § 3422(a), (b)