Legal Question in Family Law in Nevada
In April my husband and I decided to send our children to Oregon for a few weeks to a month due to an ugly separation that we were/are going through. There was a Power of Attorney put in place. The Power of Attorney states that I or my husband can terminate the Power of Attorney at any time. It was put in place because of doctors visits, school, and any other things that would need guardianship rights. However, I received an email from my husband that stated he had moved to Oregon and that I should move there as well. I don't want to move up Oregon because I have full time employment and will be getting union benefits soon . He told me that he will not allow the children to live in Nevada at all period. My question is, am I able to go up and get my children if I terminate The Power of Attorney? What steps should I take so? On a side note, I have also offered many compromises in shared custody with no court. I just want both of the parents to be involved in our children's lives.
Sincerely,
A mommy who misses her babies
1 Answer from Attorneys
Your question conflates a few concepts. The most important thing for you to pay attention to right now is jurisdiction -- so long as you stay in Nevada and file within the next few months, Nevada will have jurisdiction to make all child custody decisions. See "The Basics of Family Law Jurisdiction" posted on the child custody page of our firm website, http://willicklawgroup.com/child-custody-and-visitation/.
As to the POA, and your question about self-help, there are too many variables to say much that is useful in an e-mail. You need a detailed plan of action after full consultation with a family law specialist (this office or some other) to make informed decisions with a likelihood of success.
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