Legal Question in Family Law in Nevada
Moving/chld support
What are my options?? My wife has a daughter with her ex. The daughter is 16 and has lived with us for 4+ years. My wife has custody with visitation and such given to the father. I will be moving in my job, only 2 hours north, but to a different state. The father is threatening to not let us move unless we allow him to sign off his rights to our daughter. This will allow him to quit paying child support. Currently, he doesn't want to visit nor does he call his daughter. We are moving for good reasons in my opinion. 1) We are having another child, my wife is not going to work once we move in order to take spend more time raising the family. 2) My new job is a promotion. I will make more money to support our family with my wife not working. 3) The college the daughter wants to attend has a strong rodeo program which she wants to do and that college is in the town we are moving to. Less tuition when she starts and we will be there to support her animals and her. My wife talked to the ex around the 1st of the year and he gave verbal permission. I told my work that I would move, they made arrangements for me to move. My wife sent the ex an agreement to sign he sat on it for a month+ and now says he's not signing.
1 Answer from Attorneys
Re: Moving/chld support
1. This is called a "Move" case. You have 2 options 1) Tel the ex to go screw himself because a) You relied on his verbal representation that you could move and 2) he is now refusing to sign the papers to extort child support concessions from Mom. So option 1 would be for you to move as planned- and let him do something about it. Option 2- Is the legally correct way- which is to file a motion and get permission. His refusal to sign the documents in not reasonable= ie its designed to coerce a termination- the Court will not like to that and would likely award some attorneys fees- especially if you could prove he wouldn't allow a move with out a termination. Option 1 or 2 depends on how much time and money he has and your judge.
You should tell him to send you the termination paperwork, that states- he will allow the move only if you terminate and eliminate your child support. Once you have these documents (Don't sign them of course) You either file your motion. and attach them as Exhibits) or you move and let him pay an attorney to try to stop you. In either case you have his attempt to terminate in writing- and he can't claim that he'll miss his daughter.
Checkmate
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