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I am currently scheduled to appear in court in County,

Customer Question
I am currently scheduled to...
I am currently scheduled to appear in court in Clark County, Nevada regarding my request to relocate with a minor child. She is 12. I have primary physical custody, a child interview has already been conducted, I previously asked and was granted permission by another judge two years ago, and she is already living in Oregon with me. She attends an online public school, has traveled back and forth several times to see her dad. So my question is since possession is nine tenths of the law, hasn't he already given his permission? Why do I need to go back to court?
Submitted: 1 year ago.Category: Family Law
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Answered in 3 minutes by:
1/13/2016
Family Lawyer: P. Simmons, Lawyer replied 1 year ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,262
Experience: 16 yrs. of experience including family law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am truly sorry to be the person to bear bad news. There is no "possession is 9/10 of the law" in general...and certainly not when it comes to child custody.

The court in Nevada has jurisdiction over this (this is because of the UCCJEA, the uniform child custody jurisdiction act). They have to approve any change to the custody order.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the fact you have the child now gives you full rights and you can ignore the court, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 year ago
I might not have been specific enough with my question and need further assistance. In August of 2016, we met in court & the judge expressed his desire to have my daughter remain in Nevada until case was decided & set a new court date for Feb, 2016. In Sept., my daughter flew here for a visit & refused to return. Her dad told her she could stay and we enrolled her in school here in Oregon. So, essentially he has already given his permission. How do I make sure the court will agree to make it legal?
Family Lawyer: P. Simmons, Lawyer replied 1 year ago

Thank you

The fact dad is on board with you is great.

But it is the court that has to issue the order. You need to convince the court that the proposal (modify the custody order to give you primary custody) would be in the child's best interests.

But understand just because you and dad agree does NOT require the judge to grant the proposal. The judge is concerned for the child...and really nothing else. SO you need to be able to articulate to the judge why this proposal is best for the child.

Consider hiring an attorney to assist you with this. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Family Lawyer: P. Simmons, Lawyer replied 1 year ago

follow up

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,262
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Experience: 16 yrs. of experience including family law.

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