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Child Custody Case Was Filed in the Wrong State

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  • 09-17-2013, 10:14 AM
    crystal1982
    Child Custody Case Was Filed in the Wrong State
    My question involves a child custody case from the State of: NV

    Child's home state is CA. Custody case is in NV. Do I summit my response/counterclaim to NV court and NV determines jurisdiction, or is there a separate form to request the transfer?
  • 09-17-2013, 10:19 AM
    Dogmatique
    Re: Changing Jurisdiction from Nv to California
    Is the other parent in NV?
  • 09-17-2013, 11:16 AM
    crystal1982
    Re: Changing Jurisdiction from Nv to California
    Both parent's home state is in CA. Child was born in NV. Other parent believed NV was the child's home state and refused to file in CA when I asked.
  • 09-17-2013, 11:21 AM
    Dogmatique
    Re: Changing Jurisdiction from Nv to California
    Let me try this again.

    WHY is the original order out of NV?
  • 09-17-2013, 01:26 PM
    gator1
    Re: Changing Jurisdiction from Nv to California
    Sounds like an initial petition was just filed in Nevada by dad. Is this the case?

    If so, how old is the child and how long has he or she resided in CA
  • 09-17-2013, 02:47 PM
    crystal1982
    Re: Changing Jurisdiction from Nv to California
    The child's Dad filed in NV only. We have never been married.

    Child is 6 months old and resided in NV four weeks shortly after birth. Once the child was medically cleared, the mother returned back to CA with the child. Mother and child have never been NV residents.
  • 09-17-2013, 03:52 PM
    Mr. Knowitall
    Re: Changing Jurisdiction from Nv to California
    Is dad going to agree with you, when you file your motion in Nevada, that he is domiciled in California and has never been domiciled in Nevada?
  • 09-17-2013, 04:31 PM
    gator1
    Re: Changing Jurisdiction from Nv to California
    Six month old child was born in NV.
    The child has been in CA five months and is not yet a resident of CA.
    If dad is a legal resident of NV, and he has already filed a custody petition there, NV has jurisdiction over the child.
  • 09-17-2013, 04:37 PM
    jk
    Re: Changing Jurisdiction from Nv to California
    Quote:

    Quoting gator1
    View Post
    Six month old child was born in NV.
    The child has been in CA five months and is not yet a resident of CA.
    If dad is a legal resident of NV, and he has already filed a custody petition there, NV has jurisdiction over the child.

    op claims Cali is fathers home state.
  • 09-17-2013, 04:40 PM
    crystal1982
    Re: Changing Jurisdiction from Nv to California
    Both parents are CA residents and have never been NV residents .

    The child support order is in CA. After dad was ordered to pay child support, he served me custody paperwork filed in NV court during my 2-week vacation in NV.
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