Moving's impact on custody trial

[Fatherof4]

What is the name of your state? MS

I have had temp custody of my son since Oct 03 but I have had him since July 02. I current live in XX county (since Dec 02). My family and I currently rent but we are in the process of buying a house. This house is in one of the best public school districts in the nation which is one of the main reasons we are moving there. The only problem is the house is about 5 miles over the county line and in YY county. My x lives in AZ.

My question is since neither myself, my son, or the x will live in XX county's venue how does this impact my case?

 

[Fatherof4]

Does anyone know about moving from the venue where current custody trial will take place?

 

[tcpmp]

Most counties state that if none of the intrested parties live in the county a change of venue can be issued.

 

[Fatherof4]

What about in the middle of a custody battle (for lack of a better word)? Could her lawyer say that XX county does not have jurisdiction and have the case dismissed? If so, what would happen then?

 

[tcpmp]

The original county that issued the custody order has jurisdiction until a change of venue is awarded. The order will remain in effect until it is modified even if everybody has move out of the county.

 

[Fatherof4]

Can you request a change of venue after the temp order but before the final one? Would the first county be able to finish the trial even though no one would live there?

 

[Fatherof4]

Any thoughts?

 

[snostar]

Can you request a change of venue after the temp order but before the final one?

Yes.

Would the first county be able to finish the trial even though no one would live there?

That will be up to the judge.

Mississippi Civil Practice and Procedure Code for Venue of Action can be found here:
http://www.mscode.com/free/statutes/11/011/index.htm

 

[Fatherof4]

Thanks very much.