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    Summons23's Avatar
    Summons23 Posts: 6, Reputation: 1
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    #1

    Sep 30, 2013, 10:03 AM
    Out of state Paternity/CS
    Just received a Summons/MOTION/COMPLAINT from my daughters father who lives out of state from us for paternity/CS action. I am hiring an attorney in his state to DISMISS the case. I would rather have this matter resolved in my state. Is that correct? Any advise would be great.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 30, 2013, 11:41 AM
    What is the child's home state? Where was the original support action (if any) filed?
    Summons23's Avatar
    Summons23 Posts: 6, Reputation: 1
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    #3

    Sep 30, 2013, 12:37 PM
    We live in Tx. . father just moved to NV. We do not have any previous court orders at this time.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 30, 2013, 12:41 PM
    By "we", I assume you mean you and the child. In that case, it would appear that Texas has jurisdiction. So you could file a response to the Nevada court requesting the case be dismissed since the child's legal residence is in Texas, therefore, Nevada has no jurisdiction. Let the case be dismissed. And let him refile.
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    Summons23 Posts: 6, Reputation: 1
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    #5

    Sep 30, 2013, 12:53 PM
    Okay, but should I file in TX before it gets dismissed at the court in NV in October? That's for Paternity/CS.
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    Summons23 Posts: 6, Reputation: 1
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    #6

    Sep 30, 2013, 01:00 PM
    Also, the attorney I spoke with in NV is charging $2000.00. Does that sound reasonable?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Sep 30, 2013, 01:15 PM
    First, what is the filing in the first place. Why is he filing for CS (which I'm assuming means child support)? Do you want child support? If so, then you should file.
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    Summons23 Posts: 6, Reputation: 1
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    #8

    Sep 30, 2013, 01:20 PM
    I think it's his first step in getting visitation but like you said NV has no Jurisdiction. Yes, I should file.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Sep 30, 2013, 01:21 PM
    Ahh, so its Custody, not Support? Still doesn't mean NV has jurisdiction. But I would wait for him to file in TX.
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    Summons23 Posts: 6, Reputation: 1
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    #10

    Sep 30, 2013, 02:35 PM
    It is CS (child support).. . but eventually custody. Well, you've been very helpful. Thank you!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Sep 30, 2013, 06:50 PM
    Quote Originally Posted by Summons23 View Post
    Also, the attorney I spoke with in NV is charging $2000.00. Does that sound reasonable?
    To get a the case dismissed for lack of jurisdiction? More than I would have charged had I been in his place, but yes, not unreasonable. You have to understand that if it gets more complicated (and thus more time-consuming) than anticipated, in most places an attorney can't just drop a case once he or she has appeared in it.

    Be sure you get a per-hour contract.
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