Petition for Child Custody Dismissed Under UCCJEA
Our client was the father of a child who lived in the State of Nevada for the past 5 years. Although there has been no formal child custody order between the father and the mother, the father has been the primary caregiver of the child in the State of Nevada while the mother has had occasional visitation in the State of California. At the conclusion of a one week visitation, the mother refused to return the child to their home and filed for joint physical and legal custody in the State of California. Based on the facts, we concluded that this legal action was improper because the State of Nevada should have jurisdiction over this case Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). We worked with a law firm in the State of Nevada to get an emergency court order to return the child to the father, contacted the local police department to enforce the court order, and dismissed the mother's petition because the State of California does not have jurisdiction over this matter.