QUESTION
Can the state of Nevada grant a divorce and child custody be determined by the state of Utah?
Asked on Jan 19th, 2016 on Child Custody - Nevada
More details to this question:
My childs father and I have been separated for 2.5 years. We have decided to divorce. I moved to Utah 8 months ago and He still resides in Nevada. In January we filed a joint petition in Nevada. We were denied and granted "leave" to file more paper work because Nevada no longer has jurisdiction. We were sent the NRS 125A.385 Declaration. Will Nevada be able to grant our divorce and will they transfer jurisdiction of our custody case to Utah or will we have to file for divorce in Utah?
1 ANSWER
The terminology used is not accurate (there is no such thing as a "transfer"), but it appears that you have the concept. After the child and a person acting as a parent had been gone from NV more than 6 months before litigation as to custody had started, UT became the "home state" and the place where custody litigation should occur. See “The Basics of Family law Jurisdiction” posted on our child custody page, http://www.willicklawgroup.com/child-custody-and-visitation/.
The divorce itself can be sought in either UT or NV, as explained in the same article. If you need any further explanation, you should consult with a family law specialist.
Answered on Jan 25th, 2016 at 7:44 AM