QUESTION
Will the state where the custody was filed take the presidency or the state where the child is living now?
Asked on Nov 26th, 2013 on Child Custody - Nevada
More details to this question:
My sister has asked me to file for guardianship of her. She has lived in my home for the past three years along with our father who has physical custody of her. My father has since left my home, abandoning my sister. She does not wish to live with her mother in California. Her mother is threatening to get full custody in California. My sister is 16 and will be 17 in February. Which court, Nevada or California would take presidency? The original custody was granted in California.
2 ANSWERS
Your facts are a bit unclear, but if there was a custody case, and judgment, in California, and a party to the case has continued to live there since that time, that state continues to have "continuing exclusive jurisdiction" to modify the judgment until and unless the court there chooses to relinquish that jurisdiction.
Answered on Dec 02nd, 2013 at 5:17 PM
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You need to seek a guardianship in the state where the child currently resides, and explain that your father has abandoned his custody of her which is why a guardianship is needed. If your father truly had custody, then the child's mother and natural father must have had some serious issues affecting their ability to be parents and the court will not simply ignore those issues now that your father has decided not to be a custodian anymore.
Answered on Dec 02nd, 2013 at 5:14 PM