Legal Question in Family Law in Nevada
Move to Texas/Illinois by father
Father has parental custody with a 51 - 49% visitation right. Both have lived in Vegas 5 yrs. Mother does not want to move. She has established herself in jobs, living accomadations and doctors. She has eliminated most of past depression problems because of all the sunlight and medications. Mother had severe depression problems back in Illinois due to seasonal affective disorder (SAD).
Father continues intimidation to go to Texas or Illinois He has nothing in Texas except place to stay with woman friend. He's $34,000 in debt, plus 1994 backruptcy in Illinois and has lived with sister past 4 yrs. His real objective is to get back to Illinois as he can live with another sister there. Do we need to go to court for a judge to decide?
This past June, he tried to relocate and Judge said he could go but wouldn't allow him to take daughter and set up evidentiary hearing for next January. Do we have a choice in this situation? Is ther any other way than going to court?
Our previous lawyer was let go as she didn't know where to go with this case.
1 Answer from Attorneys
Re: Move to Texas/Illinois by father
Thank you for your inquiry.
If you have an evidentiary hearing scheduled for January you need to attend with appropriate evidence and briefing showing why it is improper to allow your daughter to leave to Illinois. Additionally, you may wish to file with the Court a Petition for Modification of your existing Custody Order.
If you had representation and currently have terminated your prior counsel, contact my office and we can schedule a free consultation to discuss your matter.
Best Regards,
Jim Herbe