Q: I have sole legal custody of my 4 year old. My ex husband does not know where we currently live because he has severe mental health issues and has been on long term disability. He recently filed the case in the county where I used to live in NY. He doesn’t live in that county. Can the jurisdiction be changed since I don’t live there and be placed in my new county. Please note, I used to be a resident where I am currently residing and my matrimonial and post matrimonial was litigated there. I am afraid. Currently, he has therapeutic supervised visits. My new location has had no affect on visitation. I am hoping to have the case in Westchester since the law guardian we had is very familiar with the case.
A: David’s Answer: Yes – the procedure would be for you to file a motion to change venue. Accompany that filing with a request that your current address remain confidential. Once venue is changed to Westchester (or perhaps in advance), you should schedule a follow-up consult with a Westchester Child Custody attorney.