Legal Question in Family Law in Nevada
If a non custodial parent lives in Nevada and the custodial parent lives in California which state would a petition for vistiation need to be filed so that the non custodial parent can see the kids, who live full time in CA? If it needs to be filled out in CA can I do it in a county closer to me?
1 Answer from Attorneys
Under the Uniform Child Custody Jurisdiction Enforcement Act, you would have to move the court in the jurisdiction where the child resides. Thus, California would likely be the appropriate State to seek modification of visitation with the facts you provided. Your other question has to do with venue and you will have to talk to a California judge regarding the concept of venue (perhaps forum non conveniens) to determine which county should hear the issue, however my guess will be that the court that the prior orders are in will retain venue and jurisdiction. I am not licensed in CA so you will have to discuss this with a CA attorney.
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