So you're saying if something hasn't happened in a state, it can't happen in a state? Imagine where we'd be if that were true
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So you're saying if something hasn't happened in a state, it can't happen in a state? Imagine where we'd be if that were true
Not quite. But what happens in a Nevada family court room has - quite simply - very little relevance when one is discussing a NY custody matter.
Look, I get that "there is always a possibility". We ALL get that. But in this situation it just isn't relevant.
Hey, if you have NY case law which specifically shows that a particular Nevada statute subsequently trumps NY statute, by all means share it with us.
I'll be the first to eat crow!
I had an interstate support and custody matter. What I learned is that you have to go by the rules of the state that has jurisdiction to hear and rule on the matter. It sounds like in this case its NY, so the advice to get information from a NY lawyer is correct.
I suspect that, if those questions are answered, we would find that there are multiple impediments to trying to dispute paternity at this time; The answers may open up some sort of theory by which a paternity challenge is possible, but it's more likely that based upon the full facts we could present unambiguous authority that it is not.
Dad doesn't get to move states and then relitigate paternity under the laws of his new state of residence. From what we've been told so far, the child is domiciled in New York, paternity was established in New York, and the New York court that issued the support order has continuing exclusive jurisdiction over matters affecting custody and support.