Many divorce lawyers receive requests for guidance from their clients on “changing venue.” In Indiana, this is not common and is generally associated with moving the case from one county to another. This occurs in rare occasions in criminal cases in order to ensure an impartial jury.
In a limited number of cases, first, the case may be filed in the wrong county by mistake or the parties move from the county during the divorce. Where these facts exist, it may be possible to move the case to a different county under the trial rules and/or agreement of the parties. Second, if a domestic case is appealed and reversed, there may be right to a change of judge.
A grant of a change of judge will not necessarily result in the case being moved to or heard in another county. Only a change of venue from the county will result in moving the case to a different county. Third, in a divorce case, the most common way the judge is changed is by the trial rule that allows each party a change of judge post-decree in connection with child custody, support, and parenting time modification requests.
Finally, or fourth, a case may be transferred to another state when the custodial parent and child (ren) have moved if it is a more convenient forum. This is a discretionary decision made by the court that has the case where the non-custodial parent still lives in Indiana or there is a significant connection to a state. The reasons for change of venue from the county, judge or moving a case to a different state to ensure a fair and impartial hearing and ensuring the trial court deciding the case is in the best position to determine the child’s best interests.
These are complex legal jurisdictional concepts. We hope this blog post makes you a more informed legal consumer. This blog post is written by attorneys at Dixon & Moseley, P.C. This is not intended as specific legal advice or a solicitation for services. Dixon & Moseley, P.C. handles child custody and divorce cases in Indianapolis and throughout Indiana.
