If neither my daughter or I have been to as certain state but my ex filed for divorce there, can that state have jurisdiction?

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If neither my daughter or I have been to as certain state but my ex filed for divorce there, can that state have jurisdiction?

He filed for divorce and wants full custody of our daughter which I have had for her whole 7 years of her life. My husband and I have been together off and on for that timeframe but have never filed or done anything with our names together. We have never told people that we were husband and wife either. I responded to the petition saying what the facts are what I stated above. Neither he or his mother responded back and now they have to set a court date. However I don’t understand why it would go to court with the above facts stated. Although he is in a rehab center in the state in which he filed due to a head injury he suffered 6 months ago.

Asked on April 14, 2012 under Family Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that it would be best for you to seek legal help to formally answer the petition for divorcee and have some one help you sort out the facts of your case along with what the law is egarding the issues.  First, you file for divorce in the state in which you reside. So he can file for divorce in the state he lives in rather than where you live.  However, the general rule is that he has to file for custody in the state in which your daughter lives. Get help.  Good luck.


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