Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident
I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?
A:
Where to file depends a few factors.
- If you already have an open case then file where you have the open case.
- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once your prior order has been domesticated/registered in your current state you can proceed with your case in your current state.
-You also need to make sure you and the children met the residency requirement. Nevada’s residency requirement for jurisdiction over the children is 6 months.
A: If a Child Support case has been filed, it will likely force Child Custody to be reevaluated as well, as they go hand in hand. The case should be filed in the state where the children have resided for the last 6 months. If the case is already open in California, but the children reside in Nevada, your attorney may urge the judge to have the case moved to Nevada.
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