Legal Question in Family Law in California
Child Custody Legal Question
My daughter recently left CA with her 2 children & moved in with us in Nevada. Both agreed to 10 day visits. Father has boys now and won't let mother pick them up without signing a legal doc that states she can only take boys to our residence and return them by a certain date. She is in the process of filing for custody. How binding would the legal doc be if she signs it just to be able to pick up the boys? Would the doc be a precedent for future relocation or custody?
3 Answers from Attorneys
Re: Child Custody Legal Question
Does your daughter have primary physical custody of the children? Call me directly at 1.619.222.3504.
Re: Child Custody Legal Question
The document would be signed under duress and therefore, I don't believe that a court would enforce it. The issue also is how long have the children lived in Nevada. Under the law, they have to live with you at least 91 days before Nevada can assume jurisdiction. I would have her file just after the 90 days in Nevada.
The problem is that if there is California property, Nevada can't divide it so there might be two divorce cases.
I am also licensed in California and have practiced there for 15 years.
Re: Child Custody Legal Question
Your daughter has already made a major error by leaving the state with the children without a court order. She better retain an attorney so that she does not make any future mistakes. Advice given to you with minimal facts is worth very little (and everything you paid for it, which is nothing) She needs good advice from an attorney who handles many child custody cases. Good Luck, Pat McCrary
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