My soon to be ex is a horrible person. He lied to me our entire marriage, took money from me, stole our income tax return last year when i didn't have a penny to my name, kicked me out on the street with nothing, has been arrested for fraud, etc. I want my daughter, 4 years old with me, I'm her mother. I'm planning on moving to Nevada next month but she goes to school in CA and will be with her dad most of the time. Can I still win this battle and then take her with me? OR, what are my rights as her mother? Can i take her to Nevada when i move? He's got issues though, he would go ballistic! What can i do, she's my baby! He acts like she's his and only his.
2006-12-14 09:03:10 · 8 answers · asked by Lisa K 1 in Family & Relationships ➔ Marriage & Divorce
My question is you should not have left without her. That's what makes it hard in a custody battle when you are the mother. Never leave the child behind. Now you do have rights to the child because you are the parent there should be something call visitation rights. If I was you I would not leave CA until you get this settle because he can do some under hand things while you are in another state like charge you with abandon the child. It is a possibility that he can do that. You can try getting temporary custody of the child while this is pending. To answer your question, you can try to fight it (only if you have a high power attorney) but I would not. Fight in CA and after you win then you can leave with your child. Please seek good legal counsel.
2006-12-14 09:21:26 · answer #1 · answered by kitcat 6 · 0⤊ 0⤋
You have to be very careful here. This is not where you use just your common sense. Note the following points:
1. Once you leave your daughter with her father and go away to another residence or another state, that will work against you and you will not get your child cusody. If you want her, take her where ever you go. Do not tell your husband that you are leaving and taking your daughter with you.
2. If the divorce case is going on in CA, you cannot start another one in Nevada, I think. But when that is concluded, you can take it up again in NV, after establishing a 3 month residency.
3. Talk to a lawyer or a paralegal if you have the money, otherwise, at least read as much as you can on the web sites of the divorce courts of CA and NV
2006-12-14 09:38:44 · answer #2 · answered by kenneth h 6 · 0⤊ 0⤋
Everything will have to be done throught the California court system since that is where the divorce initiated. You need to find an attorney that is registerd to practice law in California with the California State Bar. If you chose to have custody proceedings then they can usually be done telephonically (conference call), via your attorney in Nevada, a judge in California, and with your husbands attorney or only himself if he has no attorney. Judges do not like the idea of the children to be taken out of their home state and from the school where the children have been attending, although children are removed from their home state all the time here in the U.S. by one parent, usually the mother. Obviously the items that you mentioned above are definately basis for not wanting to continue a marriage, but the child is not at fault in this, and deserves to be with both parents. Playing the parent/child alienation game will do no good for any child. Both should work for equal shared parenting, because the child deserves to be with both parents no matter how bad they have treated each other as spouses in a marriage. The court system prefers this scenario, so you deserve the child 50% of the time as does the father. If you plan to move away from the child remember that it is you that made that decision to move away from the childs home state and not the fathers. You may have to pay for airfare when it comes to parenting time exchanges since you are the one who moved. Your husband can file an injunction against you for removing the child from California if he choses. Under the Federal Uniform Child Custody Act, Nevada would have to act on California family law and thier court system and Nevada family law would be moot. But perhaps you may be able find a biased judge in the court system and he or she may grant you the privilige of being the custodial parent, but at any rate it will be very costly.
2006-12-14 09:29:22 · answer #3 · answered by bruce041 2 · 0⤊ 0⤋
Unless youve been charged with child or drug/mental abuse, you will probably be awarded custody with child support. No problem here. The problem will be with your moving. If you have enough concrete proof to back your claims on your husband and can proof that moving to Nevada would be in the best interest of the child the judge may ok it without input from dad, otherwise you will need to get written notarized permission from dad to move her, and then you two would have to work out agreeable visitation rights. Either way not easy but if you want the move with her bad enough youll find a way. Good luck and Merry Christmas
2006-12-14 09:54:56 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
Oh, Backflip, i'm so sorry that's no longer understanding, because of the fact, ideally, that's the way custody ought to pass. i think it incredibly is good which you will element out the flaws contained in the gadget, nevertheless. And it incredibly is surely no longer good that your 13 12 months previous is experiencing such project. i think an analogous attitudes that have been given him divorced are wearing over into parenting. i do no longer comprehend something approximately shortening his time along with her. i might propose which you touch the college and ask if she will spend time with the college counselor. additionally, maximum faculties have an after college software the place the little ones can decide for a snack, tutorial help and a few interplay. It looks such as you would be able to desire to take a seat with your 13 12 months previous and clarify to her which you would be unable to do what's ideal a million/2 the time. human beings are not continuously going to be there to make a ideal determination for her. She has to do it. so a ways as his loss of conversation, I doubt you will win that one. stop calling and e-mailing. He does not respond besides. instead, checklist. in case you would be unable to get his time decreased you're able to have the court docket require that he attend some parenting instructions. Play up your daughter's stregnths. help her to become in contact with issues wherein she has an interest. In different words, see in case you may constructively occupy her time. we've an analogous situation with loss of supervision by using my companion's ex-spouse. a super type of the time her mom sits with the little ones, or pops in. perhaps Grandma, or Auntie would desire to pop in on the ex and in simple terms be there. ultimately, he would ask for their enter. It looks like he continues to be envious, and nevertheless incapable of following by using on his conventional jobs. in case you do get your daughter in contact in counseling, and a development is universal, you have a effective best chum. I wish you luck and that i do wish this works out. i might like to ascertain mum and dad proportion custody, instead of the tortuous 4 day a month visitation it incredibly is conventional now.
2016-10-05 07:55:19 · answer #5 · answered by ? 4 · 0⤊ 0⤋
You can't take her out of state during the custody battle. Then if you get custody you can only move out of state if you have to, i.e., better support group to raise child and full time job with better money to support child. I went through this (in California), be patient (I know it's hard) and wait for the judges ok.
2006-12-14 09:07:24 · answer #6 · answered by lisa h 4 · 0⤊ 0⤋
Have you talked to an attorney? That would be a good place to start getting answers that hold some water.
2006-12-14 09:17:50 · answer #7 · answered by Nuts 2 · 0⤊ 0⤋
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2006-12-14 09:05:05 · answer #8 · answered by mr johnson 1 · 0⤊ 1⤋