I am a single mother and I have moved to Nevada; which state will determine the custody of our son
Henderson, NV
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Posted about 1 year ago in Child Custody
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Child Custody:
I am a single mother and I have moved to Nevada; which state will determine the custody of our son?
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Answers (1)Allison L. Herr
This attorney is licensed in Nevada and 1 other state.
Posted 3 months ago.
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Dear Single Mom,
More information is needed to be able to answer your question accurately, like whether your child's father has custodial rights, whether any custody action has been started in any other state, and what other states your child has lived in. Generally, jurisdiction in custody actions is governed by the Uniform Child Custody and Jurisdiction Act, known as the "UCCJA". If you and your son's father have already been to court to establish custody of your son, then jurisdiction will remain with the Court that issued the initial order until such time as both parents leave that state (even if as in your case the mother and children have moved) If no court has ever issued any custody order, then jurisdiction will be determined based upon the residence of the child. This is known as the "home state". For purposes of applying the UCCJA, the home state is defined as the most recent state where the child has lived for a continuous six month period. Determining jurisdiction can be complicated and it is best to see a family law attorney to guide you in making this determination. |