Legal Question in Family Law in Nevada
Clark County NV has jurisdiction of our divorse/child support, I was granted the ability to move to Calif with our son by my EX and the courts. Nothing in our agreement states I have to pay for half the cost to get my son to his dad for visits but I met him half way about 2hrs every other weekend, school breaks and holidays for the 1st yr until he moved 500 miles away to washoe county Reno NV(w/o permission from me or the courts).In June 2011 he took me back to court to reduce child support (from 1200 to 550) now he wants me to pay half the airfare or drive my son half way which means I have to take a full work day off, its 5 hrs half way,10 hrs round trip min. plus gas and food. I cant do this. I told him he can have his son whenever he wants even visits outside of the agreement but he will need to pay and provide a roundtrip itinerary. what can i do and what are my rights...He wants to file to have jurisdiction brought to washoe county Reno NV, Can he do this even though our child resides with me in Orange countay CA? He also threatened to have the child support further reduced to compensate for the fact that I can't pay half the transportation costs for his visits.
2 Answer from Attorneys
I believe you should contact a lawyer in Orange county about domesticating your custody Order in California and then modify it in California as California should have concurrent juisdiction over your child if your child has resided there over six months. Clark County still has original jurisdiction, but since neither parent lives there, it is not feasible to go to court. I think that child support shall continue to be determined in NV since the father lives here, however it appears, based on your facts, that CA is the new home state of your child. I recommend that you do not do this on your own but scrape up a few dollars for a consultation with an experienced but affordable CA family law attorney.