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lapflounder

Junior Member
What is the name of your state (only U.S. law)? Nevada.

Hello..

Few questions here. Will keep it short and sweet.

I recently moved to California. I had undergone a modification to my custody order in Nevada (my former residence) just before I moved, to establish new out of state visitation guidelines for my child.

Soon after, my child and her mother also move to California from Nevada.

Given the child support rates are higher in California as compared to Nevada (Nevada has a maximum cap), I assume my child's mother would eventually pursue transferring the case from Nevada to California, now that we BOTH live here, in order to gain more income.

My question is: Is this possible given established the case in Nevada and just completed a fresh modification?

The research that I have done produced some vague and contradicting results. Some information says this is possible but under the 'Uniform Interstate Family Support Act' the state in which the case was established, has jurisdiction over the state in which the parents and child now reside. I've also read information to the contrary but dictates the outcome on WRITTEN CONSENT FROM BOTH PARENTS to move the case to another state. Confused.

Any knowledge of this? I would like to know more.

Thanks
 
Last edited:


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Nevada.

Hello..

Few questions here. Will keep it short and sweet.

I recently moved to California. I had undergone a modification to my custody order in Nevada (my former residence) just before I moved, to establish new out of state visitation guidelines for my child.

Soon after, my child and her mother also move to California from Nevada.

Given the child support rates are higher in California as compared to Nevada (Nevada has a maximum cap), I assume my child's mother would eventually pursue transferring the case from Nevada to California, now that we BOTH live here, in order to gain more income.

My question is: Is this possible given established the case in Nevada and just completed a fresh modification?

The research that I have done produced some vague and contradicting results. Some information says this is possible but under the 'Uniform Interstate Family Support Act' the state in which the case was established, has jurisdiction over the state in which the parents and child now reside. I've also read information to the contrary but dictates the outcome on WRITTEN CONSENT FROM BOTH PARENTS to move the case to another state. Confused.

Any knowledge of this? I would like to know more.

Thanks
CA isn't likely to even want to retain jurisdiction if all the parties live in another state.
 

mistoffolees

Senior Member
You got that backwards. The parties moved from NEVADA TO CALIFORNIA. No one lives in Nevada anymore.
Right. But Ld is right. NV is probably not going to make any effort to retain jurisdiction. If Mom tries to transfer the case to CA, it will probably work.
 

lapflounder

Junior Member
So this can be done without my consent? Hypothetically, mom could relocate anywhere and have the case transferred under the guise of that states law?

Thanks for the responses!
 

CSO286

Senior Member
So this can be done without my consent? Hypothetically, mom could relocate anywhere and have the case transferred under the guise of that states law?

Thanks for the responses!
Well, no, not exactly.

Since both of you moved to CA, if either of you began a legal action (any kind of review or modification), NV would transfer the case. Since none of the parties live there, NV would no longer have jurisdiction over the matter.

Now let's say that some type of modification does happen and CA gets the case and now Mom moves to Montana, but you remain in CA. If mom attempts another legal action and wants the case moved to Montana, it would be unlikely to happen as one party still resides in CA and that is where the order currently exists.

Make sense?
 
I think you have to petition the Nevada court to
1. release jurisdiction and
2. transfer jurisdiction to the county in California that the children live in.

It would take a few months, and in the meantime no one can file motions in either state.

Then you or your ex can file motions in CA.

There is a transfer fee for all the work involved with copying the file, sending it to California, and for California to set up the file in their own system.

There's a senior here in CA (works in the court system) that would be more knowledgeable than I about this process. I hope she will post.
 

lapflounder

Junior Member
Thanks for the responses.

@CSO286. Yes that makes sense. Thank you.

@birdbrain53 Thanks. Although I should mention that I will be moving back to Nevada in 10 months. If the mother happens to not file anything until I am a resident of Nevada again, would her attempt be null? (since I would be living there? I read that both parents must be living in the state in order to enact a transfer)
 

mistoffolees

Senior Member
Although I should mention that I will be moving back to Nevada in 10 months. If the mother happens to not file anything until I am a resident of Nevada again, would her attempt be null? (since I would be living there? I read that both parents must be living in the state in order to enact a transfer)
Sort of.

Mom's attempt to transfer jurisdiction to CA would not automatically be null. You would have to challenge it.
 

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