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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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We had a custody order in NV, we both left Nv .A and me in

Customer Question

We had a custody order in NV, we both left Nv for P.A and me in NY. Kids started school in N.Y. but he wanted them in p.a. He reopened the custody case in NV, even though we've been gone longer than 6 months. I started my case in NY after 6 months cause the court said I had to wait at least that long. He has been working in p.a. this whole time. He told me he was going back to NV to get custody and would lie about where he lives. My court date is Tuesday for child support and our case in nv is 1/6/16. Tell me what mltons do I have to file to keep my kids in NY with me. Also he has a older child that we moved to east coast for.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I suggest, that you will consider filing a Motion to Modify Custody. And you will want to ask the court to modify it so visits with the Father are suspended until the matter in NV is fully resolved with a dismissal. I suggest that you also state he has already said he will do whatever it takes to have the NV courts hear the case, and stated he would "lie" about his residence.
Request the court to order the visits temporarily suspended or at the very least supervised visitations because he is not to be trusted and you are concerned and fear if he has the children during visits, he will not return them. That it is in the best interest of the children not to have their lives disrupted in this manner.

If you have not already done so you should also consider filing a Motion to Dismiss the NV Complaint based on the fact he does not meet the residency requirement and neither you nor he have lived there since whatever date.

Expert:  Samuel II replied 1 year ago.

And state what state you live in, respectively and how long.

Customer: replied 1 year ago.
Thanks I'll get on it.
Expert:  Samuel II replied 1 year ago.

You're welcome. Good Luck and Happy Holidays!