We are currently trying to file jointly we came upon a question that's states" the children are not residents of nevada and have not lived here for at least the past six minths and, as such, this court does not have the necessary UCCJEA jurisdiction to enter orders regarding custody." I'm try to figure out how this effects me when she moves to Arizona and I'm in Vegas. When we moved here from Hawaii which we lived the last 3 years but the kids where born in Vegas? Who or were has jurisdiction?
1 Answer from Attorneys
Your question is a bit vague as to who is, and has been where, when. Where the kids were born is not relevant if they are more than 6 months old.
If, as I guess, you, she, and the kids are all now in NV and have been so for more than 6 months, NV has jurisdiction and will continue to have such even if one of you, with or without the kids, moves after you go to court. For an explanation of the rules, see "The Basics of Family Law Jurisdiction," posted at http://willicklawgroup.com/child-custody-and-visitation/.