Legal Question in Family Law in Washington
Jurisdiction of a child custody case
Husband & wife lived/divorced in Nevada. Nevada gave custody of the children to their father who had moved to Washington state following breakup of the marriage. Due to mother's nomadic lifestyle and other safety issues, father petitoned for -and was awarded- that she have supervised visitation only. This decision was granted by a WA court after the children had been in WA more than a year. The Washingto court did not ''request'' Nevada to give it jurisdiction of this case - it simply took it. Mother has now filed motion in Nevada court to regain custody.
QUESTION: Which state has jurisdiction over the children?
2 Answers from Attorneys
Re: Jurisdiction of a child custody case
Washington would have custody under the UCCJA
Re: Jurisdiction of a child custody case
Washington would have jurisdiction but the Nevada action woul dhave to be responded to by a Nevada lawyer. Then the matter woul dbe heard in Washington. Get a good family law lawyer to defend this in both Nevada and Washington.