Legal Question in Family Law in California
out of state filing
mom is in NV dad and child live for 1 year in CA
mom wants to file for full custody
which state do I file in?
can a NV lawyer do this for me?
3 Answers from Attorneys
Re: out of state filing
The county and state where the child resides is the proper venue for any filings regarding the child. It would be best to hire an attorney in California to handle the matter for you. That way you would only have to come to California for the required mediation. The attorney in California could handle all other appearances on your behalf. If you would like additional information on the cost of hiring an attorney to handle the matter here in California feel free to email me. Depending on which county the case is in I charge between $750-$1500 for a child custody/child support modification. In some circumstances I am able to work out payment plans if need be. I have offices throughout California so I can handle cases in any of the counties.
John
Re: out of state filing
The Uniform Child Custody Jurisdiction Act controls. To answer, we must know if there are any prior custody orders. If there is a divorce decree or order determining custody from a Nevada court, you must file in Nevada. If there are no orders, California would be the home state of the children and the California court would be the appropriate forum.
Re: out of state filing
Your question does not mention what connections the child has with NV. Was he born there, etc. Probably California would be the correct place to file as it is the child's current home state. If you want to call me, we can discuss the matter further.
Adam N. Gurley
415.334.8439