Child Custody

questions & answers

Question: Child was born out of wedlock. Father filed for custody in Yavapai county but child lives in Maricopa county. Is the petition valid or does the father need to refile in Maricopa county?

Answer: The term for bringing an action in the right county is "venue."  Arizona Revised Statutes, Section 12-404 (A) states:  If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is brought an affidavit . . ."   In other words, the action can proceed in Yavapai County unless you file papers asking that it be moved to Maricopa County.  You must file your affidavit before the time for your response petition to be filed has expired.