Legal Question in Family Law in Nevada
My husband divorce was finalized in Northern Nv. The chrildren live in southern Ca with their mother my mother n law would like to see her Grandchrildren on a once a month basis due to my husband and I leaving on a PSC move (military) overseas. Would or can she file for Grandparents rights in Ca or would she have to do it here in Nv?
1 Answer from Attorneys
If the divorce was in Nevada, and the Father has remained in Nevada since then, Nevada maintains "Exclusive Modification Jurisdiction." For an explanation, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works.
For information on grandparent (third party) custody and visitation rights, see http://www.willicklawgroup.com/child_custody_visitation.
Finally, it is possible that within the next year Nevada will have passed a statute for your exact situation, specifying grandparent or other substitute visitation when a military member is deployed, so you may want to stay in touch with legal counsel here.
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