Legal Question in Family Law in Nevada

custody/relocation

Since 9-07 majority of expenses paid by my family & Church. April '08 husband moved out and has given NO $ since(he paid HIS health insurance that also covers son) June, Son and I went to KS to work w/ my Dad for 2 weeks. Offered job for summer, attny said b/c nothing filed in Nev. legal to stay until ordered otherwise. Husband still said had no $, I found job leads in KS for him & sent a paid plane ticket asking him 2 join us for summer, make $ and work on relationship in new setting. He didn't come. Kept saying he would visit soon, never asked to talk to son on phone, wouldn't try web cam, sent nothing etc. 3mo+/- later, I was served divorce papers claiming I kidnapped our son, requesting he be granted primary custody, child support etc. 1 attny said it's custody case not relocation since already living in KS when case filed(Dec 1=6mo in KS) said I need to get primary custody, make visitation schedule then can return to KS where I have: job w/salary= financial independence, benefits,son only@day care 3-4 half days, nice rental house, safe small town. Other attny said 1st wrong from start,when stayed in KS should have filed request in NV, $11k spent, no attny now, what is correct? Next hearing Dec.8


Asked on 11/07/08, 1:48 am

1 Answer from Attorneys
Jim Herbe Black & Lobello

Re: custody/relocation

Thank you for your inquiry to my office.

Your husband would have the ability to file for divorce in Nevada if he has lived here for at least six weeks. However, if you and your son have been living in Kansas for at least six (6) months prior to the filing of the Court case in Nevada then Kansas would have jurisdiction to hear child custody and support issues.

It sounds like you have a lot of details in your case that would need further clarification. Feel free to contact my office if you'd like to speak further about your case. My office frequently handles family law matters for persons residing out of state.

Best Regards,

Jim Herbe, Esq.

702.966.5686

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Answered on 11/07/08, 11:21 am


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