Legal Question in Family Law in California
Jurisdiction
My ex-husband and I divorced in 1998 in San Bernardino County. I got physical custody of our two children. In June 2000 we moved to Las Vegas, NV. In September 2001 on a weekend visit with their father he decided to keep them. He returned my daughter in October but is still holding my son and will not allow me to see my son unless I visit at his house. I have filed a Motion for Contempt and a Petition to Register the California Dissolution of Marriage in Clark County. Do I need to file another petition in Pomona, CA where my ex lives?
2 Answers from Attorneys
Re: Jurisdiction
Yes, NV has no jurisdiction.
Re: Jurisdiction
You should file the OSC in re contempt in the county in which the divorce was obtained, unless the case has been moved to another county because your ex moved.
You should consider contacting the district attorney in the county where he lives and filing a complaint for refusing to return the child per the court order. You will need a certified copy of the court order for custody.