Q: My lawyer wrote a letter to the court because I received a motion for custody/visitation. I have sole legal and physical custody of my son. I know longer live in the county which I was served in. My son’s father does not know we moved because I am afraid of him, there has been domestic violence in issues and he has severe mental illness. The law guardian assigned where I know longer live is demanding to know where we live. My lawyer and I are filing an affidavit of confidentiality. Do you think the venue will be moved to Westchester County where we currently live. My divorce and custody issues were originally done there and the lg is westchester is familiar with the case. Currently, my son’s father receives one hour a week of therapeutic supervised visit.
A: David’s Answer: Sending a letter would not do it – one must first serve a Demand to Change venue, and if same is not consented to, must file a formal motion. That said, the general rule is that once a case has begun in a certain county, it remains in that county unless both parties move out of that county. Schedule a consult with a Westchester Child Custody attorney if you wish for a 2d opinion.