Many divorce lawyers frequently receive inquiries from clients about “changing venue” or “changing courts” in their cases. In Indiana, this isn't common and usually refers to moving a case from one county to another. This tends to occur more often in criminal cases to ensure an impartial jury but can also happen in divorce and custody proceedings under certain circumstances.
- Filing in the Wrong County or Moving During Divorce
In some cases, a divorce may be filed in the wrong county by mistake, or the parties may move out of the county during the proceedings. When this happens, it may be possible to transfer the case to a different county. This can be done under Indiana’s trial rules or by mutual agreement of both parties.
- Appeal and Reversal of a Domestic Case
If a domestic case is appealed and then reversed, there might be an opportunity for a change of judge. However, simply changing the judge does not necessarily mean the case will be moved to a different county. A case can only be transferred to another county through a formal change of venue request.
- Change of Judge Post-Decree
In divorce cases, the most common way to get a new judge is by using a trial rule that allows each party to request a change of judge after a decree is issued. This often happens in connection with modifications to child custody, support, or parenting time.
- Transfer to Another State
In situations where the custodial parent and children have moved to another state, the case may be transferred to the new state if it serves as a more convenient forum. This decision is discretionary and will depend on whether the non-custodial parent still resides in Indiana or if there are significant connections to the state. Courts will only approve this transfer if it ensures a fair hearing and is in the best interest of the child.
- Ensuring a Fair and Impartial Hearing
The goal of any venue change, whether it involves moving the case to another county, changing the judge, or transferring it to a different state, is to ensure a fair and impartial hearing. Additionally, the court overseeing the case should be in the best position to determine what’s in the child's best interests, especially in custody disputes.
These jurisdictional issues can be complex and understanding them will help you be a more informed legal consumer. This blog is written by experienced family law attorneys at Ciyou & Associates, P.C., and is intended for informational purposes only. It is not specific legal advice or a solicitation for services. Ciyou & Associates, P.C. handles child custody and divorce cases in Indianapolis and throughout Indiana. If you believe you are in need of experienced counsel who have been practicing for 25+ years, perhaps we are the best fit for you.