Legal Question in Family Law in Nevada

visitation/custody

I live in Ca. My ex lives in Florida. I have court papers with sole physical/legal custody. Visitation states he can visit children when in ca, he cant leave ca with kids without a court order or written permisson from me. We moved here in OCt 08, He hasnt visited once. I want to move to Nevada, what do I have to do to get jurisdiction in Nevada for the visitation and do I have to do anything as far as custody since I already have sole custody? Just wan to add he isnt paying any child support either. Child support div have been trying to serve him with no success so far.


Asked on 7/16/09, 11:01 pm

1 Answer from Attorneys
Greta Muirhead

Re: visitation/custody

I assume you have a California order. You probably should consult with a California attorney to see if there is anything to prevent you from moving to Nevada.

If neither party lives in the originating order state (assume California), then Nevada can take jurisdiction once you move here and have lived here for 6 months. (UCCJA--Uniform Child Custody Jurisdiction Act is the applicable law).

Under Nevada law, one's right to visitation is separate and apart from one's obligation to pay child support. Meaning that even if he isn't paying child support, he still can have visitation.

After you move to Nevada, you are welcome to contact me. Please check with a California attorney prior to your move.

Also, understand that no attorney/client relationship has been formed by this response, nor do I have all of the facts available to me; so this response should be viewed in general terms.

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Answered on 7/17/09, 12:14 am


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