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socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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A child is born out of wedlock in Nevada. He spends the first

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A child is born out of wedlock in Nevada. He spends the first two weeks of his life there, then moves to California. He is six weeks old. The natural father is on the Nevada birth certificate. Who has custody of the child? And where would the custody battle take place if necessary?

Since the parents voluntarily relocated with the child to California, the California courts have jurisdiction.


The mother must file a complaint in family court to establish custody and child support. The court can require the father to return the child to the county where the parents were residing. A good family law attorney should be able to file an ex parte emergency order to force the father to return immediately. But, you will have to find the father, in order to serve the summons and restraining order.


For a family law attorney referral, see: and



Hope this helps.


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