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My question involves a child custody case from the State of: Nevada
My daughter was born in Nevada and lived there for less than four weeks. We moved to Minnesota and she has lived here since then, she is now nearly four months old.
Which state is her Habitual State of residence? (I am going through some visitation/custoday/child support stuff.)
Here's is what I've read regarding residency laws in Nevada. Hope this helps.
Quote:
General law to establish residency in the State of Nevada is 6 weeks (required for a divorce) and to show residence you must take action to show physical presence in the State of Nevada.
- Have a physical address; purchase a home, rent a house, rent an apartment.
- Have a job.
- Register to Vote.
- Get a Nevada Driver's License
Your reference to "habitual state" suggests you've stumbled across something discussing the Hague Convention. But you're describing two U.S. states, so you're dealing with the UCCJEA. Generally speaking, you must live in the new state for six or more months to establish domicile in that state, and prior to that point a custody action may be initiated and sustained in your former state. So if dad's trying to bring a custody action in Nevada, there's a good possibility that's where the case will be heard and decided.