Question asked on May 09th, 2017

Q: He filed for custody and stated that my son was a resident of Utah when he had only been with him for 30 days. What I need to know if I want to get a  change of venue to come back to Las Vegas?

A:  It is not so much a “change of venue” as moving to dismiss the action (that has to be done in Utah) and simultaneously moving to restore custody to you in las Vegas.  The two courts should hold a “UCCJEA conference” and if the facts are as they appear to be, the Nevada action should go forward and the Utah action should be dismissed.  If you have questions, see “The Basics of Family Court Jurisdiction,” which is posted here.  You really could use a consultation with a family law specialist well versed in interstate jurisdiction, however, and the sooner the better.

Marshal S. Willick