Legal Question in Family Law in California
My ex and I have joint custody and every 2 years my children are supposed to switch physical custody between myself and my ex. On January 1, 2012, my kids are supposed to live with my ex for the first time so I am trying to get full custody. We divorced in Nevada, but my kids reside with me in California. My questions is can I tell my ex that he can not take my children for visitation for this summer? I know our divorce papers say that my kids are to have all summer breaks with the other parent, but the reason why I don't want them to go is because my ex is engaged to a woman who was found guilty of abuse, neglect or endangerment of a child in 04/2007. She has four children from 3 different men and I do not think any of her children are in her custody. The last two times my children went to visit my younger one came back with 2nd degree burns to her chest and then the last time my younger child was bruised and scraped and my older daughter had an allergic reaction to something. Both times my ex did not inform me when they happened. I found out from my kids over the phone or when I got them back from my ex. What do I do?!
3 Answers from Attorneys
If your ex still lives in Nevada, then Nevada will retain jurisdiction over the children. So you must ask a Nevada attorney. California attorneys cannot help you.
You should file a motion to modify the current custody order. If you ex is still in Nevada, then the motion will need to be filed in Nevada. If he no longer lives in the State of Nevada, then you can register the judgment in California and proceed to modify the order in California. Good Luck, Pat McCrary
Some of the factors you state may present a case for emergency relief in California. This means you might be able to file a motion in California instead of going back to Nevada for relief. Google Family Code � 3424(a) "A court of this state [California] has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse."
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
