I have a jurisdiction and child custody matter. So I have been told that when you move out of a state like California, and you move to Nevada, that you have to be gone from CA for 6 months, in order for it to be NV jurisdiction. So my question is what date does the court go by, the date we established residency and applied for nv state license, or the date we went and got a u hal and moved our stuff out, or the date we got out lease for our condo, i mean how do they determine the 6 months time frame?
1 Answer from Attorneys
From what I can determine from your question, your concern is moving with a child to another jurisdiction and the period of time it takes to establish a long enough relationship with that jurisdiction so it would be appropriate for the child to remain there, or alternatively, that the case should ultimately end up transferred to that jurisdiction.
These line of cases are referred to as “move away” cases. Moving a child any distance whether it is a matter of 20 miles or 2000 miles requires adequate notice to the other parent in accordance with any specific court orders attached to your case and the move notice must be in conformity with California law.
This notice gives the other parent the opportunity to object if they believe that the move would be an impediment to the child having a continuing relationship with the noncustodial parent.
The courts focus is on whether or not the move is in the child’s best interest. Merely saying that you have a better job or less expenses in the area that you’re moving does not meet the requirements the court expects. This is a complicated area of law that requires the assistance of an experienced family law attorney.
As to establishing a long enough period of time for a parent and the child to remain in the new jurisdiction largely depends upon the circumstances surrounding the move. Assuming there are no justified objections to the move and the move was done appropriately, the uniform child custody jurisdiction act also known as UCCJEA provides that jurisdiction for the child to remain in the new location can be justified if residency in that location has been for a significant period of time and typically beyond six months.
Let me stress again that this area of law is extremely complicated and requires the assistance of an experienced family law attorney to maximize the possibility of the best possible outcome.