questions & answers

Question: i lived in yuma arizona where i had 2 children then got divorced my x moved to san diego california and the custody case was seen in yuma az for the past 4 years. I recently moved to phoenix az right next to maricopa court and want to move all further actions there. what do i need to do file with yuma or maricopa? what fees are there? Does my x have to agree? can he get it moved to cali when the children live with me in phx az?

Answer: A.R.S. section 25-502 states that a proceeding to establish support must originate in the county where the child resides. (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00502.htm&Title=25&DocType=ARS). A petition may be filed with the superior court in order to change the venue.
A.R.S. section 25-1221 states that a parent who is not living in Arizona may be brought to an Arizona court if personal jurisdiction can be exercised on the non-resident. The court must make sure several factors are present however, such as the nonresident parent was served in Arizona or the nonresident lived with the children in the state at some time. (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/01221.htm&Title=25&DocType=ARS).
In addition, please visit the Family and Children topic on this website for further information (http://www.azlawhelp.org/subtopic.cfm?mc=1).