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My ex and i have 50-50 custody on paper, but my son has been…

Hi! My ex and...

Hi! My ex and i have 50-50 custody on paper, but my son has been with me 80% of the last year with very little financial support from his dad (he owes me $10k in back CS). About 6 months ago, he told me he was moving out of state, so i decided to follow him. I moved immediately. However, my ex still hasn't made it here, and I don't know when he will. He quit his job to start a business, and he's just been staying with friends and family since, even though his permanent address is still back in SC (Where i left)> My question is this: i signed my least on Oct 4, so i will have had residency here for 6 months in about two weeks from now.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in SC family court?

I want to leave. i hate it here and i'm tired of waiting. all of my friends and family are back in SC. Although, i'm considering going and staying with my mom in NY for a while until i can figure out what's next. I know my ex will fight me with the intention of obligating me to come back to NV, where he wants to move. But if he files anything with family court, would he have to file in SC (where i don't mind moving back to, actually), or would he be able to file here in NV? I haven't been here quite six months. But is it close enough to six months that it matters?

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in NV at the moment. i left SC to come here. His permanent address is still there. He has no address in NV.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He owes me $10k in back child support

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Answered in 1 minute by:
3/22/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,280
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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You can leave NV now before you establish residency.If you go to SC or any other state after 6 months you establish residency there again.If you are planning on leaving now is the time to do so before anything gets filed here in NV.You are able to relocate back to SC or anywhere you want as you present it.

Time will tell whether he files anything.Likely he doesn't have the funds to do so.I wish you the best here if you relocate.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 4 months ago
if i did leave NV and he decided to file with family court to get me to come back, where would he have to file? And would that change if I left NV after the child had residency here in NV?And what would give me the eligibility to move anywhere I wanted, since we are legally 50-50?His brother is an attorney, so even though he will likely not have funds, his brother will be able to talk him through the process of fighting me.

I don't think you will be in Nevada long enough to establish residency he would file where you move too.

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Move as soon as you can here, you are better off doing so.

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Customer reply replied 4 months ago
OK - so just to be clear:1. He cannot file a case here as long as I move before the six month period (April 4) bc the child does not have residency here.2. This is true even though I am two weeks away from establishing residency here3. Why would he not be able to file in SC since he technically has a permanent address there? (He was renting a back apartment from his sister, and it's still technically where he lives. She could and would
verify his residency there.)
Customer reply replied 4 months ago
Although, I am not as concerned about him filing in SC bc he does not want to live there under any circumstances. I'm mostly just wanting to ensure he can't do anything to obligate me to stay here in NV.

He might be able to try in SC if you move here.You would have to argue relocation elsewhere.His big problem is his child support record and visitation with child are real lousy cannot see court giving him anything here.I would go and time will tell if he tries anything.

Thanks and the best here with move.

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Move soon I don't think he can make Nevada stick at least for a bit longer.Good time to move.

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Customer reply replied 4 months ago
Great! OK, last question, and thank you for your patience:So, he would have to file here once I establish residency. My best bet is to essentially leave NV immediately if I want to protect myself from having to stay here. Right?Would I be safer to just go back to SC, where we were both living (and where he currently has a permanent address) for the year prior to my move?

Yes as soon as you can.You could go back to SC and be fine.If he files anything deal with it there.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,280
Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 4 months ago
thank you, ***** ***** thank you for your time and patience with my questions.

Have a great evening and the best to you with move.

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