If I have a case open still in one state, can my chilren’s father open another one in another state?

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If I have a case open still in one state, can my chilren’s father open another one in another state?

Asked on August 17, 2012 under Family Law, Nevada

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The most correct answer is "yes" and "no".   This is an incredibly frustrating situation in family law when children spend time with parents in two different states.  If venue is proper in both states, then both suits are technically proper.  However, if venue is proper in the first state then often the second state will transfer their case to that state to be consolidated.  If venue is not proper in the second state where your husband is filing, you can have an attorney file a motion to dismiss for lack of venue (as opposed to the request to transfer and consolidate).  The bottom line is that just because he can file, it does not mean the suit will survive.


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