Can I move family law case jurisdiction from San Diego Superior Court to L.A. Superior Court? If so, how?

Question

I am a resident of L.A. County. Other party lives in another state on the East Coast, and has resided there for over 10 years. Divorce papers state S.D. Superior Court maintains jurisdiction over anything relating to divorce, custody, etc... Need to have children, age19 and 18 (H.S. grad) emancipated to end support payments. Other matters to address after that, too, so there will be court time for me and I can't keep taking time off work. How do I petition the court to move this to L.A. County Sup. Court? Can I petition S.D. Court directly, or should I go thru L.A. County system first? Can I do it myself, or must it be done by an attorney? Any help will be greatly appreciated! Thanks!

No, sorry. There is no "end/stop date" for the support. An attorney told me I must petition the court to "emancipate" them to end the support. It's a given, since they are now considered adults under the law. I'm not concerned about that, only the other matters that must be addressed beyond the emancipation. Can't keep going to San Diego and missing work to take care of this. Seems that if I am the CA resident, and the other party is NOT, then ANY CA Superior Court should be able to take jurisdiction over the case. It's too costly and difficult going back and forth to S.D. I shouldn't have to.

Answer 1

California Court Rules provide that if no spouse or child is living in the county that originally had the case that a spouse may file a motion in the original county to have the case transferred to another county.

You have to show that the new county has some connection to the parties (you live there) and that the other party will not suffer unduely from the change of venue (it is as easy to get to LA from another state as it is to get to San Diego).

If the only issue is the child support you can file a form for an ex-parte order terminating an earnings withholding order. The form is FL 430.

Alternatively, if you and the other parent agree, you could file a stipulation to end child support.

In either case you do not need a California Court to emancipate the children as they have reached majority and have finished high school.

Answer 2

Wait... Unless I slept through all my civil law classes, children over age 18 don't require emancipation because they are adults. Not sure where that's coming from, but emancipation only applies to minor children who want to be legally recognized as adults. It is not for adults because... they are effectively emancipated on their 18th birthdays.

As for altering jurisdiction, check with the family law clerk in LA County and ask how you go about doing that if it is truly necessary. Check first, though on the whole emancipation thing. I'm not sure where you got your information, but I've never heard of anyone having to do that, and it makes no sense, legally.

Answer 3

San Diego has to agree to give up jurisdiction. You will probably need a lawyer since he is familiar with the rules & judges involved.

It should be a fairly simple procedure for an attorney, if the courts wll agree, that is.

Answer 4

regulation relies upon alot on previous custom, for Muslim families it is clever so long because it would not contradict English regulation. i these days heard a BBC Radio4 prog on the muse of a few of england's legal customs like the jury of 12. whilst the Normans instituted those, they delivered some over from Sicily which became below their rule on the time. Many the place in step with customs from the previous Muslim rule, so Muslims in all likelihood already recognize lots of the legal conduct that we've.

Answer 5

Prior answer is correct.

Best to get a local attorney. You might try:

http://www.sandiegolawyerforyou.com