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Author Topic: change of venue  (Read 2894 times)
frustrated mom
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« on: July 11, 2007, 11:17:47 PM »

Does anyone have information on the criteria needed for a change of venue request in a divorce case? I assume it varies from state to state and even possibly county to county. If so, any info for Tuscaloosa county? I'm already prepared for the "good luck on getting that done" responses, but I'd still like to know if there is written information somewhere citing reasons why one can file.
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Lee Borden
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« Reply #1 on: July 12, 2007, 06:48:03 AM »

You can file to change venue if venue doesn't lie in Tuscaloosa, but usually only if you have not yet filed any other pleading. You can't file to change venue just because you're unhappy with the way things are going there, if that's what you're asking.
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frustrated mom
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« Reply #2 on: July 12, 2007, 10:49:53 PM »

I wouldn't try to file to change venue just because I wasn't happy with the way things are going. If that were the case, everyone would try it. I have very legitimate concerns where certain parties involved have very close ties with the judge. That's why I asked if there is actual written information somewhere that cites when and why you can ask for a change?
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Lee Borden
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« Reply #3 on: July 13, 2007, 07:06:18 AM »

Then your remedy isn't to seek a change of venue; it's to ask the judge to recuse himself or herself. But beware of doing this unless you think the judge really will decide to recuse. Nothing poisons your relationship with a judge faster than accusing the judge on the public record of being biased or crooked.
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Helping people survive divorce
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frustrated mom
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« Reply #4 on: July 13, 2007, 07:28:06 PM »

That's why I was trying to get info on the change of venue. I suppose there is nothing written anywhere that lists specific reasons where one can get it done or specific reasons where a judge should recuse himself. How do you know if a judge is going to be unbiased until after he has made a ruling? I tried to avoid having this specific person's name mentioned at all at the hearing because I felt that once it came out, it would cause bias. My STBX is counting very heavily on using this person to his advantage in the hearing because it is the only thing he has going for him. This person worked in the Circuit court with this judge for many years and is trying to help my STBX get his visitation at her house, even though there is a more reasonable alternative. Is it ok for a judge to make a decision on something like that because he personally knows them?
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Lee Borden
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« Reply #5 on: July 14, 2007, 07:12:34 AM »

You're not going to like my answer: it's a judgment call, and of course the one making it will be the one you may have to accuse of being biased. I know that's frustrating, but I'm afraid you're stuck with it.
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belle
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« Reply #6 on: July 16, 2007, 09:46:01 AM »

I suppose there is nothing written anywhere that lists specific reasons where one can get it done or specific reasons where a judge should recuse himself. How do you know if a judge is going to be unbiased until after he has made a ruling?


Unfortunately you don't know until he rules.  I've BTDT.  I tried for 8 years to get our judge to recuse himself.  He was/is dating(living with) my ex's mother.  He would never enforce CS nor raise it over the years although the ex's wages grew tremendously.  After 8 years and my attorney FINALLY filling with a complaint with the AG's office, he recused himself.

It's aggravating, believe me I know.  But until he rules, you don't know if he is biased or not.
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