Legal Question in Family Law in Nevada
relocation with joint custody
My ex husband and i had agreed during our divorce to relocate to our home state of wa and birth place of our 5 yr old daughter (we moved to las vegas). We had agreed to move this fall. In june my financial standings had changed due to my ex husband not taking my daughter during his scheduale time and i couldnt go to work. (i worked at night) I then decided to leave early in july and he was supposed to follow in oct. He has now changed his mind on moving so soon and ive been told by the courts that if i want to keep custody of my daughter that i will have to move back to las vegas. My ex doesnt know when he wants to move back maybe 2-3 years. My ex husband is very verbally abusive and also tried to hit me with his truck with my daughter in it. I tried getting a restraining order and vegas courts did nothing. With the latest court ruling he is acting very rude to me and im scared that it will only get worse when i return. On top of everything else i just found out that im pregnant. My boyfriend lives in wa state and cant relocate to be with me due to work and that he has 2 boys here in wa state. Im scared for my safety and i dont want to have to abort my pregnancy. I dont want to be stuck in a state that wont help or protect me.
3 Answers from Attorneys
Re: relocation with joint custody
You are dropping dispositive fact after dispositive fact into this pattern, to the point where it is darned near impossible to weigh out your alternatives for you in this forum.
He's being rude because he won and you lost in Las Vegas on the restraining order, but your issues are not about restraining orders - if he was abusive you should have told somebody then, not wait until now.
Please proceed cautiously. If you make the wrong decision now you risk losing custody of your child, and I don't even want to discuss the issues with the new baby.
You have a mess on your hands. You need to call a family law attorney in Seattle and do a consult with them.
I'd recommend Doug Becker, You can find any attorney in WA at wsba.org or avvo.com (that is a v v o).
Hope this helps. Elizabeth Powell
Re: relocation with joint custody
You need to hire a good attorney. Your disappointment with the legal system may be from the fact that you may have represented yourself. I am unsure whether Washington or Nevada has jurisdiction because I need to know where the last court order came from.
Re: relocation with joint custody
Good afternoon.
Your situation, while complex, is still salvagable if you get proper legal representation as soon as possible.
Your custody dispute with your ex-husband must take place within Nevada. This is where your daughter currently resides and her current custody presence is maintained. If you wish to challenge your ex-husband's custody arrangement you will have to do so in Nevada. It is immaterial if you live in Washington; the determining factor is the residence of your child and the person with current custody.
If you wish to obtain some form of restraining order against your ex-husband from your child, you would only be successful if you first obtain an modified custody order in your favor.
My firm is willing to review your matter and work out a fee arrangement. We always offer a free initial consultation of your case.
Additionally, we offer flexible fee arrangements such as flat fees, payment plans, and credit card acceptance.
I hope this helps.
Best Regards,
Jim Herbe
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