Legal Question in Family Law in Nevada

Wife took children across state line

I live in Nevada . Less than 7 days ago when I got home from work my wife had packed up my kids and went to Idaho . She told me that she had to leave and that she did not want to come back . I did not think she would ever do something like this . I am in the process of getting an attorney due to the fact that you can file for divorce in 6 weeks of being a resident of Idaho .Is this true ? There home is in Nevada If there is going to be a divorce I want joint Custody . I want to know what I need to make sure to file to get my children back as soon as possible as well as any other things I need to be aware of . My children are my mane concern and I do not want to have my rights taken away


Asked on 6/17/07, 2:20 am

1 Answer from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Wife took children across state line

Nevada will have jurisdiction over your children for the next six months but only if you file for divorce here. Whether you do it before she files or after does not affect the custody issue, but it does affect alimony, property and debt division. Presuming you have not lived in Idaho as husband and wife, you could get the Idaho case dismissed for lack of subject matter jurisdiction.

Because of the children being involved, you need to get your money together and get in front of a Clark County Judge. You should not do this yourself because it will take too much time due to mistakes that you will invevitably make.

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Answered on 6/18/07, 5:02 pm


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