change of custody

[Theresalee]

What is the name of your state? CA
I am asking on behalf of a friend who I hope to bring here shortly...
But she is in Ca and her child lives in Virginia. She has two children but her daughter age 12 wants to live with mom even though dad has custody during school. Dad agreed to the daughter spending a year and going to school with mom in CA. The case was heard in Virginia. If she wants to change the custody judgement can she do it here if the child resides here for a certain length of time or does she have to get a change of venue ( I am not sure of the spelling or even if this is correct?) The daughter says she is sick of the step mom yelling and screaming and throwing things!! She says at times she is scared of her.. The dad just allows this to happen, but is at work mostly.
They share physical custody with most time with dad. How does she go about getting this changed? Can the child request this herself? I went through a custody battle a few years back and the child was appointed her own attorney and got exactly what she wanted, which was to live with her mom even though the mom had a criminal record... The fact was the child was happier at moms and didn't have to follow rules... Anyway thats a whole other story but I wanted to know this womans options if you know?

 

[stealth2]

Which state issued the judgement?

 

[Theresalee]

Virginia!! issued the original judgement... But the child resides in California now and will be for a year.. I hear that if she is here for 6 months a change of venue can be sought? Or whatever it's called... Of course i have no idea if this is true ....Or does she have to fight this in Virginia again... even if the child wants it and is living in california?

 

[stealth2]

If the other parent still lives in VA, that is where a modification would have to be filed.