Legal Question in Family Law in Arizona

paternity jurisdiction

My 2 mo old son was born out of wedlock and I gave him my last name. He was born in CO and we currently reside there. His father lives in AZ is in the process of establishing paternity there and plans to file to change the baby's last name which I will contest. Does AZ have any jurisdiction over this issue? If so, can I file for a change of venue to CO?


Asked on 9/30/08, 3:56 pm

1 Answer from Attorneys

Re: paternity jurisdiction

I believe, based upon what you have stated, that you have grounds to seek to have the case moved to CO. Jurisdiction is proper in the state in which the child resides, providing the child has resided there for at least six months. However, with a child under the age of 6 months, jurisdiction typically lies in the state in which the child was born, if the child has continued to live in that same state. It does not sound like AZ has any basis for jurisdiction. However, you will need to challenge it there, as it is unlikely that the Court there will automatically dismiss it for lack of jurisdiction.

Read more
Answered on 10/01/08, 6:40 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona