Legal Question in Family Law in Nevada
Registering Child Custody Order
I have primary custody. I live in
California and my ex lives in Texas.
The Initial order and divorce is in
Nevada. I forgot to register my Initial
Nevada child custody order in the
state of California after my child lived
there for 6 months and the other
party filed a motion for change of
custody (not emergency change of
custody) in Nevada. Which state has
Jurisdiction for the decision under the
UCCJEA? Will the Nevada court refer
the case to California automatically
since I have lived there for six
months even though I have not
registered the order there or will they
hear the case?
3 Answers from Attorneys
Re: Registering Child Custody Order
Since no one lives in Nevada, file a UCCJEA declaration in the Nevada Court and an opposition stating that no one lives in Nevada and that the child's home state is now in California.
If you don't do this, the Court might hear the case, unless your ex sent the Motion to the California address and the Judge notices that.
If you need help, I would charge Seven Hundred Dollars to do and make the appearance.
Re: Registering Child Custody Order
It really depends on your order and the facts and circumstances of your case. Texas may very well take jurisdiction over the case.
Re: Registering Child Custody Order
You should file in California and notify the California court that there is an action pending in Nevada. You should also request the Nevada court to defer jurisdiction to California. The Nevada Judge and Califonria Judge will talk on the phone and decide which court is the best place for child custody to be determined.
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