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Child custody and school attendance

Pleasanton, CA |

My daughter and my grandchild live in Reno. She and her ex resided in Reno at the time of the divorce and agreed to 50/50 custody. Her ex then moved to California and is demanding that he see the child when ever he wants, even if it means pulling him out of school. Does a joint custody hold up if one of the custodial parents moves out of state where the divorce was granted?

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Attorney answers 1

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At the outset, this is actually a Nevada jurisdictional question and not a California one. The general answer is that all 50 states do honor the judgments of sister states. However, the movement of the father to CA under CA law would be a significant change of circumstances that would allow either parent to move for a change of custody. Do be aware that at least for CA law, the issue of a move-away order may arise, but if his mother is the primary caretaker (regardless of time share), then a presumption would lean in her favor.

Simple answer: 1) yes, the judgment still holds up; and 2) the mother should move to change it as soon as possible.