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    Lightbulb When Will a Court Grant Change of Venue for Custody Litigation

    My question involves a child custody case from the State of: Arizona.
    My son and I live in Maricopa County and my sons father lives in a much smaller county almost four hours away. We have lived in Maricopa County for the last five years. My ex decided in the middle of the last trial we had (I was trying to relocate out of state) to move to Maricopa County for his job. Up until this point, he had only exercised approx. 80 parenting days/ year. The judge in our case decided that since he was now within the same county, he should get 50/50 parenting time. For the last 6 months we have been doing 50/50 with few major problems however he had mentioned problems with the distance and driving that he had to do to make it happen (he lived 45 mins away). I knew we would have to modify our current parenting plan so I motioned the far/current county for a change of venue to Maricopa County. Literally two weeks after filing this motion to change venue, my ex moved his family back to the small/far county.

    My question: If the child has lived in Maricopa County for the last 5 years, and his father also has resided in Maricopa County for the last year, what are the odds the court will grant the motion to change venue? Why wouldn't they? Does him all the sudden giving up his 50/50 and moving back without notice give that County reason to maintain control over our case? Wouldn't he still be a resident of Maricopa County until he has lived back in the old County for 90 days?

    Thanks for any help! I've sited the law, sited that everyone lives in a different County now, but did not mention that he all the sudden moved back. When I initially filed, he lived here. During the process of response/reply, he moved back. I just filed my reply to his response yesterday... Interestingly enough- his attorney didn't mention him moving back to the old/current County either.

  2. #2
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    Default Re: When Will a Court Grant Change of Venue for Custody Litigation

    Quote Quoting needforazlegal
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    My question: If the child has lived in Maricopa County for the last 5 years, and his father also has resided in Maricopa County for the last year, what are the odds the court will grant the motion to change venue?
    You should consult a lawyer who is familiar with the judge and his rulings in similar cases.
    Quote Quoting needforazlegal
    Why wouldn't they?
    Because your ex- just moved back to the county with jurisdiction over the case.
    Quote Quoting needforazlegal
    Wouldn't he still be a resident of Maricopa County until he has lived back in the old County for 90 days?
    He's not trying to establish jurisdiction - he's trying to maintain jurisdiction in a court that has already exercised its jurisdiction.

    There's a lot more to this case than we know about. If your ex- has a lawyer, you should consider getting one yourself.

  3. #3

    Default Re: When Will a Court Grant Change of Venue for Custody Litigation

    Thanks for the reply. This particular judge isn't very fair which is why I want our case moved in addition to the far distance from where my son and I live. My ex does have an attorney, I do not. I have done ok so far with the help of an attorney on the side to bounce questions off and to review my paperwork. As far as him maintaining jurisdiction goes, he never brought up that he now lives there to try and maintain it. His attorney never once mentioned it in his response.

  4. #4
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    Default Re: When Will a Court Grant Change of Venue for Custody Litigation

    You need to review the AZ rules of procedure on venue
    http://www.azleg.gov/ArizonaRevisedS...s.asp?Title=12

    The controlling factors in venue changes are generally the county where "the child" resided for at least six months at the time the suit was commenced. And if a trial is necessary, the venue where the child resided in this instance the past 5 years should for many reasons be deemed most convenient

    The correct procedural route would have been to file for modification of your order in Maricopa county, at which point you would have an open case in Maricopa county to initiate a venue change to, if the change is granted.

  5. #5

    Default Re: When Will a Court Grant Change of Venue for Custody Litigation

    Thanks for the reply. I actually spoke with several people (court clerks, attorneys, etc.) and they all said I had to get the venue changed before I could file in Maricopa County since another County had already made decisions on our cases regarding custody, child support...

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