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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 1084
Experience:  Partner at Kent Law Group, LLC
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I have a question, I need some advice. My daughter's father

Customer Question

I have a question, I need some advice. My daughter's father and I have been going to court over custody the past year. We had to go to mediation November 2015 and came to an agreement for his parenting/visitations, recently he stopped following the mediation plan by not giving my daughter back and we had to go to court, it took 3 months to finally get her back and the judge decided to through out jurisdiction due to (my daughter and I live in NV) and AZ still took the case last year (her father lives in AZ), our judge said jurisdiction is dropped and to go to NV on 6/16/16. After that he still would not return my daughter (police got involved and he ended up giving her back on 6/20/16). I went to Las Vegas and filed for change of venue / foreign judgement and sent out the paperwork for him to respond but now her father is texting me saying we have to abide by AZ mediation and he does not care that I filed in NV? I fear to give her back considering how long it took to get her back and that the cop almost did not help because AZ dropped jurisdiction and I had nothing from NV stating I had custody at the time. What should I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Olivia Kent replied 1 year ago.
Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. I'm not sure what you mean by the judge saying jurisdiction is dropped – but I assume you have a court order reflecting Arizona declined to hear the case further. If that is the case, you are under no obligation to give your child to a man who routinely ignores the law or whatever agreement you two mediated. If it were me, I would continue with your filing in Nevada and have the court determine your rights there. I hope that helps. Please let me know if you have additional questions or need me to clarify anything. Please do not post a negative rating if there something you remain unsure about. Please ask a follow-up question, which I will be happy to answer.
Customer: replied 1 year ago.
we went to court on 6/16/16 and the judge's minute order states : It is ordered that the petitioner has prevailed and that the State of Arizona does not have jurisdiction in this matter; It is further ordered dismissing this case without prejudice. I had to get that certified and sealed in order to get my daughter back on 6/20/16 but even at that time the officer informed me that it didn't matter what our previous mediation order was that unless her father agreed to it over the phone he could not get by daughter back until I had something that stated I had custody? I did get her back though because he did tell the officer there was a previous mediation agreement. (I did file on 6/29/16 and sent off his paperwork to respond to NV, I just don't want to be in the wrong in not letting him see her for the weekend, BUT I also don't want to go through three months of not seeing her again, I would rather be safe then sorry)
Expert:  Olivia Kent replied 1 year ago.
I agree with you. I would rather be safe than sorry as well. If it were me, I would have him first sign something that states your understanding of the situation – that he does not have the authority to leave the state with her, and things like that. If he refuses to sign then I would wait until there was a court decision. Normally I would not say that, but it's clear that he consistently disregards ***** ***** is supposed to do and that's not fair to you.