Legal Question in Family Law in Arizona
Paternity- Who had Jurisdiction?
I have a question as to what state has jurisdiction in the paternity action I am filing. My daughter was born in Texas. Her father and I were both residents of Texas at the time of her birth. Shortly after her first birthday, we went our seperate ways. I moved to Arizona. He lives in California. My daugheter and I have now resided in Arizona for the past three years. I have an action pending in the Arizona courts, but someone told me that Arizona would not have jurisdiction in the case. Am I incorrect in assuming that Arizona would have jurisdiction, because my daugher is an Arizona resident? If so, what state should I file the action in? I would like to add that her father and I were never married. Also, he was never added to her birth certificate.
1 Answer from Attorneys
Re: Paternity- Who had Jurisdiction?
Thank you for your inquiry. Although AZ may have jurisdiction to handle the case, AZ might not have jurisdiction over the father to enter orders against him. This depends on whether he has any ties to AZ (other than the action), and whether he has contested jurisdiction.