Who has legal jurisdiction in my child custody case?

Question Detail

My boyfriend and I lived in the state of Nevada. Our son was two months old when I came to California. When my son was 4 months old my boyfriend decided to move out to California. Two months later things didn’t work out and my ex moved back to Nevada. Immediately I filed for custody and at the time of filing my son was 6 months. Two weeks later I’m served with papers from Nevada claiming I improperly filed. Who has rightful jurisdiction? California or Nevada?

Craig’s Answer:

California’s jurisdiction requirements state that the child’s home state is the state the child has been living in for the past six (6) months. Because your son was only six (6) months old when you filed the action, and you appear to have lived in California for the majority of his life, California should have jurisdiction. It is likely that your boyfriend will contest California having jurisdiction, so it would be in your best interest to consult with an experienced family law attorney.


Category: Child Custody, Divorce, Family Law, Paternity

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