Legal Question in Family Law in Nevada
Re: child lives outside US
I am trying to divorce my wife who is currently residing in Philippines with my daughter. We have been separated since 2001. I tried to obtain a divorce form online but was told will not be able to process because the child lives outside US. The mother and I have agreement that I will have custody of child when she is off age to come live with me. The child is currently 4 years old.
1 Answer from Attorneys
Re: Re: child lives outside US
You can get a divorce in Nevada provided you have resided in Nevada for a minimum of 6 continous weeks. Nevada does not have jurisdiction over your daughter. The UCCJA (Uniform Child Custody Jurisdiction Act) states that in order for Nevada to have jurisdiction over the child and make custody and visitation orders, the child has to live in Nevada for the 6 months preceding the divorce action. Therefore, while you can get a divorce in Nevada you cannot address child custody issues in Nevada. An attorney could prepare a parenting plan which would address custody and visitation but it would not be enforceable unless and until it becomes an order in the place which has jurisdiction over your daughter (i.e. the place she has lived in the preceding 6 months).
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