Short answer. In the proper court of the place where the child resides — not where you live, and not where the other parent lives, even if one of you has moved away. The petition must also be verified, meaning its allegations are sworn to rather than merely signed.
What the law says
Such petitions shall be verified and filed in the proper court of the place where the child resides.
Family Code, Article 250 — Where Parental-Authority Petitions Are Filed. Read the full provision →
The child's residence, not the parent's
The rule places the case where the child actually lives. The reason is practical rather than symbolic: the court will be deciding something about that child's upbringing, and it should be the court that can conveniently reach the child, the household and the people who know both. It follows that a parent living elsewhere — in another province, or abroad — files where the child is, not where it is convenient to appear. Where the parents are separated and the child has moved, it is the current residence that counts, so the correct court can change over time.
Residence is a fact, and it can be contested
Because the choice of court turns on where the child resides, that fact sometimes becomes the first battleground — particularly where a child has recently been taken from one household to another. Residence in this sense is about where the child actually lives, which is shown by the ordinary evidence of a life: the school attended, the address on records, who the child has been living with and for how long. A parent who expects the point to be disputed should be ready to prove it rather than to assert it.
Verified means sworn
The requirement that the petition be verified is not a clerical detail. A verified pleading carries an oath that its allegations are true of the affiant's own knowledge or on authentic records, which changes what it costs to overstate. In a dispute about parental authority the temptation to write the strongest possible version of events is considerable, and verification is the check on it. Draft the petition to say what you can actually prove, and attach the records you are relying on rather than characterising them.
What happens once it is filed
Filing starts a process that reaches other people quickly. Upon the filing of the petition the court notifies the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child — so whoever is actually caring for the child will hear about the case. These petitions are also governed by the summary rules insofar as applicable, which means the matter is designed to move. Have the child's birth certificate, proof of residence and the documents behind your allegations in order before you file.
Related provisions
- Family Code, Article 250 — Where Parental-Authority Petitions Are Filed
- Family Code, Article 251 — Notice to Those Exercising Parental Authority