Who has legal jurisdiction in my child custody case? 4 Answers as of June 01, 2011

My boyfriend and I lived in the state of Nevada. When 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?

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Michael Apicella
Michael Apicella | Apicella Law and Mediation
There are many facts that can be considered in a forum dispute. However, based on the limited facts you provided in your question, personal jurisdiction would be proper in California. Just because your ex is alleging California is an improper forum, does not make it so. Sounds like you will need to go to court and argue in favor of California maintaining jurisdiction of your case. I'd strongly encourage you to hire a lawyer to represent you on this matter to try to prevent an adverse order that would require you to litigate custody in Nevada (in the event your case gets transferred there). Good luck!
Answer Applies to: California
Replied: 6/1/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
I would say California, but the fact is that the two courts will have to confer and determine who has jurisdiction. The other state will have to relinquish jurisdiction. I strongly suggest hiring an attorney for this issue, as least. If you are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/1/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your son had continuously resided in California for at least six months when you filed for custody, you satisfied the requirements of the Uniform Child Custody and Jurisdiction Act (UCCJEA). You should immediately consult with an experienced Family Law Attorney to determine how to respond to the papers that were served on you.
Answer Applies to: California
Replied: 6/1/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
In order for California to have jurisdiction over your custody matter, you and your child must have resided in the state of California for at least 6 months and have lived the county which you are filing for at least 3 months. If these residency requirements are not met California does not have rightful jurisdiction.
Answer Applies to: California
Replied: 6/1/2011
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