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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27268
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My daughter lived in Las Vegas a yr & got a divorce there.

Customer Question

Hi my daughter lived in Las Vegas for over a yr & got a divorce there. It was in the custody that she was moving back to Fl with her family with the 3 yr. old. He still resided there. He moved to Indianna with his girlfriend in March. On the way got stopped in Il with drugs. Went to court in September & was charged with 2-felony count 4 charges. He got 2500.00 fine, community service, probation for 18 months & drug testing. He was suppose to get the child for the summer but she was afraid for his safety during this and didn't let him go. Now he is suppose to get him for Christmas break & she would like to know what her rights are or if she will get in trouble for not letting him go. Also is it hard to change the venue to Fl since this is where they reside & the father doesn't live in Las Vegas anymore either?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Has she spoken with the father about her concerns? When she withheld visitation during the summer, did the father do anything?

Customer: replied 1 year ago.
No was very angry, she is afraid of him from physical and verbal abuse. He just sent a picture of a motion he said he will file.
Customer: replied 1 year ago.
Because she didn't let him go.
Expert:  FamilyAnswer replied 1 year ago.

If she fails to comply with the court order and withholds visitation, then he can take her back to court and seek to hold her in contempt and ask that the Judge compel her to act. If that happens, she would need to present evidence and show the Judge why she did not allow him to go and that she was acting in the best interest of the child. She would need to show that based up what he was arrested for and his current condition, that he could not care for the child and the childs health and safety would be at risk. Now, if she resides in Florida with the child, that is where this would need to be filed. It would not make any sense for the parties to have to go back to Las Vegas, when neither reside there and the State is which the child resides, could hear the matter.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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