Legal Question in Family Law in Nevada
state to state move with minor children
I would like to move to california from nevada. My husband and I have been separated for three years, though neither of us have filed for divorce or custody. the children have resided with me the entir time of separation. can I leave the state and file for divorce and custody while in ca. without reprecussion?
1 Answer from Attorneys
Re: state to state move with minor children
In order for a state to have jurisdiction over the children, the children have to live in that state for six months. If you move to California, your spouse can file for divorce in Nevada and since the children have most recently lived in Nevada, Nevada would have jurisdiction over you and the children. You would have to live in California for 6 months or more in order for California to have jurisdiction over the children. Also you will have to establish residency in California for yourself before you can file for divorce.
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