Legal Question in Family Law in Nevada
My 2 year old daughter and I have residency in OK I picked up my oldest @ 9 years old in 07/10 my ex never pursued anything till recently.She has been unsuccessful @ serving me and now is attempting a public notifaction.Now both my children and I live in OK. I dont find it feasable to go to court in NV,primarily because of my obligations to work, and my children's obligations to medical and school. Also when I picked up my oldest i origanaly went back to get my family and found my ex committing adultery and living with another man. My oldest insisted on coming with me. Also we were never technically married. Can I object to court in NV to the judge in NV? what can I do to protect my self and my children? What legal resources and information can i obtain and how to better represent myself in court?
2 Answers from Attorneys
You have many questions and your issue is complex. In order for a state to have jurisdiction over a child, the child, usually, has to have lived in that state for the past six months. I am not sure that OK has jurisidction over your 9 yr. old since she has only been in the state for 2 mos.
Also, under Nevada law, if the parties were never married, the mother is considered to be the primarily physical custodian, absent any other court order regarding custody. You really have too many issues to address in this public forum, particularly since you live outside of Nevada.
I really suggest that you consider hiring a competent Nevada attorney.
The other attorney is half right. If your timeline is as you say, and a custody action has been filed in Nevada, then only Nevada will be able to make a ruling. For an explanation, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works. You have all the usual options as to recusal or peremptory challenge of any particular judge.
But it is not true that the mother has primary custody. This is only true if the father is not on the birth certificate (meaning the parties did not sign an acknowledgment of paternity). If they did, they have presumptive joint custody, and equal rights to seek custody.
For resources, I know of nothing better than the materials we have posted. See:
http://www.willicklawgroup.com/child_custody_visitation
http://www.willicklawgroup.com/child_support
http://www.willicklawgroup.com/paternity
You really should hire competent counsel, and you should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.
If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/). Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid. The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200. Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions. For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.co.clark.nv.us/district_court/self_help_center.htm.