I'm not sure the facts are clear. They appear to be:
NV court order -- dad still here, so NV still has jurisdiction over the case.
Mom in CA; kid goes back and forth on some schedule.
If those facts are right, then yes, you CAN file for what is called "emergency custody" in CA, but under the applicable rules, that order will only remain valid until jurisdiction is asserted in NV. Your alternative is to file the emergency motion in NV, which you can do from CA, of course; this might be more efficient, as it is likely the case will be litigated here either way. For an explanation, see "The Basics of Family Law Jurisdiction," posted at:
http://willicklawgroup.com/child-custody-and-visitation/
Then you should consult with a family law specialist in the place you have decided to file (if NV, you can call this or another family law specialist office).
Answered on Aug 07th, 2014 at 10:00 AM