Elko, NV asked in Family Law, Child Custody and Child Support for Idaho

Q: Can my child's father file for custody in Idaho when she currently lives in Nevada?

She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: NOPE. Foul!

If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there will be an address for the Court and you should write the Court and let it know where your daughter has been living. Be sure to attach the "proof" that you're referring to, when you answer the Petition.

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