Child Custody

questions & answers

Question: Can I do a change of venue if I and the kids in question have lived in one place for over 7years and the mother opened case in other county where she lives? How do I request and complete change of venue to my county?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.Arizona law allows for moving a case to a different county, if appropriate. The reasons a court might grant a change of venue based on a case being filed in the wrong county are listed in ARS 12-404. According to ARS 12-407E, “[i]f a change of venue is ordered pursuant to section 12-404, the plaintiff shall pay the transmittal fee established pursuant to section 12-284 within twenty days after the order directing the change and, within thirty days from the date the new court receives the file, the plaintiff shall pay to the clerk of the court to which the action is transferred the fee required on the filing of a complaint as provided in subsection C of this section. If the plaintiff fails to timely pay either the transmittal fee or the filing fee in the county to which the action is transferred, the court shall dismiss the case without prejudice.” The court may also grant a change of venue if the parties both consent to moving the case (ARS 12-405).

QUESTIONS

  • Can I do a change of venue if I and the kids in question have lived in one place for over 7years and the mother opened case in other county where she lives? How do I request and complete change of venue to my county?

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