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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
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MY HUSBAND HAS SOLE CUSTIDY OF OUR 14 YEAR OLD DAUGHTER, HE

Customer Question

MY HUSBAND HAS SOLE CUSTIDY OF OUR 14 YEAR OLD DAUGHTER, HE JUST SPLIT TO NEVADA AND DIDNT TELL ME , HE TOLD MY DAUGHTER THAT SHE WILL NEVER SEE ME AGAIN AND THAT I DIDNT WANT HER WHICH WAS A LIE. I HAVE BEEN ABUSED PHYICALY AND MENTALY BY HIM , MY DAUGHTER WAS BEENING ABUSED BY HIM ALSO SHE WAS DESPERATE TO FIND ME AND DID SO VIA THE COMPUTOR . SHE CALLED THE POLICE ON HIM IN NEVADA BECAUSE HE PUNCHED HER IN HER KIDNEYS , THE POLICE IN NEVADA TOLD HER CORPARAL PUNISHMENT WAS ALOWED , SHE HAD NON BRUISES , SHE THEN DECIDED TO RUN AWAY AND HER FATHER FOUND HER, SHE CALLED ME AND SAID SHE WAS GOING TO RUN AWAY AGAIN BUT HITCH HIKE BACK TO NY I COULDNT LET HER DO THAT SO I GOT HER A AIRLINE TICKET BACK HERE, THE COUTS HERE IN NY HAVE NOT BEEN HELPFUL AT ALL AND THE COPS CAME TO MY HOUSE LOOKING 4 HER , I CAN NOT LET HER GO BACK THERE SHE WILL RUN AWAY AGAIN ,SHE FEARS 4 HER LIFE FROM HER FATHER. SHE WANTS TO STAY HERE WITH ME . I NEED HELP PLEASE,
Submitted: 4 years ago.
Category: Family Law
Expert:  Jane Doe Deer replied 4 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Can you please tell me in what state was your husband granted sole custody? Why didn't you received custody or joint custody?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

Customer: replied 4 years ago.
IN NY AND I DIDNT SHOW UP FOR THE COURT DATE I WAS LIVING IN MY CAR AND HAD NO MONEY OR JOB I HAD TO LEAVE THERE DUE TO I COULDNT TAKE BEING HIT ANY MORE I COULDNT PROVIDE 4 MY DAUGHTER AT THE TIME SO I JUST GAVE UP,
Expert:  Jane Doe Deer replied 4 years ago.

Oh, how awful! I'm so sorry.

 

Since it was a NY court, you may be able to file a motion and set up a hearing to give you at least temporary custody of your daughter, and request that a guardian ad litem (court investigator) conduct an investigation about what's best for your daughter and provide recommendations to the court.

 

I am going to give some very, very rudimentary instructions and a very rough idea of how to do this. I suggest that in your motion you ask for an expedited hearing and a change of custody. Here are the instructions. Remember, these are EXTREMELY ROUGH and you must rewrite/revise them to meet your own needs and situation. You can also get more information in a law library

 

----------------------------------

 

 

 

OK, first pull out your file of documents and find the most recent order or motion.

 

What you're going to do is write a Motion for Order Modifying Custody.

 

Come up with a form that looks somewhat similar to your previous documents - especially if you have one written by an attorney. You can use any of your previous court documents as a sample. The format is not that important, but do try to leave at least 4 inches on the top of the first page, and one inch margins all around. You can write it by hand if you need to, but print neatly.

 

Now, in your motion, you'd say something like this:

 

MOTION

[YOUR FULL NAME] moves this court for an order of custody of [children's name(s)]. This motion is based on the following declaration [and any exhibits you may have, IF you have any evidence to present to the court].

 

DECLARATION

  • 1. I, [YOUR FULL NAME] am over 18 years old and otherwise competent to testify.

 

  • 2. I have had court-ordered visitation with the child(ren) [Date of Birth and initials, or name if that's allowed in your state] since [date).

 

  • 3. The court ordered this visitation on [date] when (the)my child was [number] years old.

 

  • 4. I am requesting full custody because [fill in reasons].

 

 

  • 6. Anything else you may want to say that would be important for the court to know.

 

The above statement is true and complete to the best of my knowledge and belief.

 

Signed Month, Date in [name of city], [state].

 

SIGN HERE

---------------------------

[YOUR PRINTED NAME]

 

Now, take this motion and any attached exhibits and make three or four copies (I always make extras). Mark the original as "original" (preferably in red) and mark the copies as "copy" (any color).

 

Go to the court with your calendar and cash, in case there is a charge and they don't take checks or charge cards. Take the original and copies, of course. (If you are far away, you'll have to call them and ask how to do this by mail) and get the clerk of the court to help you set up a hearing date and time for the court to consider your motion. Ask the court clerk if you need to provide the judge with a "bench copy," and, if so, ask for the local instructions.

 

Now, mail a copy of both the notice of the hearing AND the motion with any attachments to the "other side." This will be an attorney if your ex is still represented. Otherwise, just mail it to your ex. It's safest to mail this to your ex by certified/return receipt mail so that you have a paper trail that you mailed it. You can even photocopy the envelope before mailing it, just in case there's any doubt raised by the judge if your ex doesn't attend the hearing.

 

No later than five days prior to the hearing, drop off (or mail seven days before) a "bench copy" for the judge. This is an exact copy of what you filed with the court, but on the top page, in red, write, neatly: Bench copy and the day and time of the hearing. Do not write anything else; do not attach anything. (If you do, you'll have to send a copy to the "other side.")

 

Then, of course, be sure to attend the hearing and present your case.

 

I'd be happy to respond if you have follow-up questions. If not, please click ACCEPT or I will not get paid for helping you.

We can still write after you pay. Feedback and Bonuses are gratefully appreciated.

Next time you visit Just Answer, please ask for me by name by starting your question with "This is for Jane Doe Deer."

I wish you the best,

Jane

 

Customer: replied 4 years ago.
I ALL READY DID THIS AND WAS DENID CUSTODY THEY SAID BECAUSE MY DAUGHTER LIVED IN NEVADA 4 MORE THAN SIX MONTHS AND SUFFOLK CONTY DOES NOT HAVE JURISDITCION
Expert:  Jane Doe Deer replied 4 years ago.

Then you will have to file a petition for custody in Nevada or have your current case transferred there.

 

Do you want help finding help in Nevada?

Customer: replied 4 years ago.
YES I WANT HELP
Expert:  Jane Doe Deer replied 4 years ago.

There is a link for legal aid in Nevada here. It's the best I can do from here.

 

http://www.nvbar.org/LRIS/LRIS.htm

 

Do you want me to opt out or would you continue working with me? I'm trying to help, but you have a really "big" situation.

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