It sounds like your Ex Parte was an Emergent Motion for Custody, but denied to lack of that immediate risk you refer to. This is the problem we are in danger of when we don't have an official custody order in place, delineating the parental custody rights, when 2 parents split. You don't mention what 'preliminary injunction order' you did successfully obtain? Was it to deny him the right to take her out of state? If you haven't already done so, you absolutely have to file a Motion for Custody (since your Emergent Motion for temp custody was denied) in your state, since that should still retain jurisdiction over your daughter since NV has not had her for 6 months. Of course you can not leave in your condition, I fully understand, having had 2 babies in the last few years (I hope you are otherwise feeling OK, this was terribly cruel of him). In any event, try to get some evidence of the understanding that your husband used deception, involving family members, and your good faith attempt to keep everyone in the loop with open visitation, to get her away from you. Also, use all the other reasonings as to why you should be the parent with residential custody - a you facilitate open visitation and relationship building with the father, while he has denied you even the opportunity to speak with her....if you have extended family in DE that is tight with your daughter, that is also an important consideration in custody, particularly if the dad has no one out in NV and will need stranger child care when he goes on his reserve weekends, etc. Do some research on which schools are better, showing that your upcoming pre-school and kindergarten, plus, are better than those in NV, if that is the case (if it is not, perhaps don't use that as a point)....
This custody hearing will be crucial. The fact that she has been with you in DE for 2+ years will be somewhat important, in terms of status quo, which courts generally prefer, but given her tender years, it may not be as strong as it would be if she were, say 10.
Hope this helps to clarify. And let me know if you need some follow up. I know this must be a terrible time for you.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Doing so ensures I will be willing to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.