Child Custody Case Was Filed in the Wrong State

[jk]

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.

child support order?

Sounds like that ball was already in that court. How do you have a child support order without a custody order in place? Neither has physical custody until that custody order which will list time with each etc. Then using that, support can be determined.

[CourtClerk]

How do you have a child support order without a custody order in place?

Completely possible. In fact, it's very common.

OP's problem is that the child was BORN in NV and since she hasn't been in CA for 6 months yet, NV is probably going to take the case and run with it.

[crystal1982]

The Superior Court of Orange County in CA filed the child support case against Dad because Mom is on public assistance. (Mom was laid off during pregnancy). Child support has been in effect for 4 months. Apparently, CA courts allow a child support case to precede prior to custody.

Question is:

Do I summit my response/counterclaim to NV court and NV determines jurisdiction, or is there a separate form to request the transfer?

[gator1]

You may file a response raising (1) a jurisdictional question and (2) inconvenient forum and ask the NV court to relinquish jurisdiction to CA based upon Nevada UCCJEA statutes

§125A.305. Initial child custody jurisdiction
§125A.365. Inconvenient forum

http://www.lrcvaw.org/laws/nvuccjea.pdf

These two statutes can together make your case
The first statute gives NV jurisdiction by the fact your child was born there less than six months ago

However the fact neither parent or child reside in NV would normally allow NV to give up jurisdiction in favor of another state in which the child has become a resident of. But in this case the child is not a resident of CA, so under this statute alone NV cannot cede jurisdiction. But the first statute then points to the second one, which is Inconvenient Forum. And in your type of case this should work.

IF NEITHER parent or child reside in NV, and all are current residents to CA, then CA should be the appropriate forum to address custody matters.

The condition to this is that if NV allows jurisdiction to be transferred to CA, it will be contingent upon you PROMPTLY filing a custody suit in CA

§125A.365 If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

The CA UCCJEA statutes are essentially identical to the NV UCCJEA

[CourtClerk]

The Superior Court of Orange County in CA filed the custody case against Dad because Mom is on public assistance.

No they didn't because the Superior Court:

1. Doesn't file ANY cases on ANYONE'S behalf for anything and
2. NEVER files a CUSTODY case because someone is on public assistance.

[Mr. Knowitall]

At risk of repeating myself,

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?

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.

Dad stayed in Nevada? Dad has been a Nevada resident?

The Superior Court of Orange County in CA filed the custody case against Dad because Mom is on public assistance. (Mom was laid off during pregnancy). Child support has been in effect for 4 months. Apparently, CA courts allow a child support case to precede prior to custody.

Dad was served with this support case in California? He has participated in the California proceedings, while giving the court a California address as his place of domicle?

Do I summit my response/counterclaim to NV court and NV determines jurisdiction, or is there a separate form to request the transfer?

You follow the protocols of the UCCJEA for initiating proceedings in California and having the two courts communicate to resolve issues of jurisdiction. You would be best served by retaining counsel to assist you.

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No they didn't because the Superior Court:

1. Doesn't file ANY cases on ANYONE'S behalf for anything and
2. NEVER files a CUSTODY case because someone is on public assistance.

Right. I expect she means that the county Human Services Agency referred her case to DCSS because she's on public assistance.

[CourtClerk]

Right. I expect she means that the county Human Services Agency referred her case to DCSS because she's on public assistance.

Ear and sinus infection... that's probably what she meant, but even still, they would have only filed for support, not custody so I would encourage her to look and see exactly what was filed and by whom

[Mr. Knowitall]

I think we're all in agreement that they only filed for support.

[crystal1982]

Yes, I meant Superior Court filed for child support and NOT custody.

To the best of my knowledge, Dad has never been a resident in NV. He has maintained a full-time job in CA and refused to file/move the case to CA when I asked.

Child support was filed and proceedings took place in CA. Court paperwork shows Dad's CA address.

Dad has never seen nor requested to see his child until 5 months later, when he was ordered to pay child support.

Mom had plans to birth in CA, but labor arrived early while in NV. Once the child was medically cleared to fly, mother returned back to CA.

Mother has all ties in CA and do not wish to re-locate. (Licensed as a CPA in CA only)

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You follow the protocols of the UCCJEA for initiating proceedings in California and having the two courts communicate to resolve issues of jurisdiction. You would be best served by retaining counsel to assist you.

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.

Do I retain counsel from an attorney licensed in CA or NV?

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Ear and sinus infection... that's probably what she meant, but even still, they would have only filed for support, not custody so I would encourage her to look and see exactly what was filed and by whom

Child support was filed by Superior Court, NOT custody. Type-o. Sorry

[gator1]

...Do I retain counsel from an attorney licensed in CA or NV?...

Both, though you may find family law attorneys in your area licensed to practice in both states